(a)(1) An employer who negligently fails to comply with the provisions of this chapter or the Living Wage Act shall be guilty of a misdemeanor and, upon conviction, shall be fined:
(A) For the first offense, an amount per affected employee of not more than $2,500; and
(B) For any subsequent offense, an amount per affected employee of not more than $5,000.
(2) An employer who willfully fails to comply with the provisions of this chapter or the Living Wage Act shall be guilty of a misdemeanor and, upon conviction, shall:
(A) For the first offense, be fined not more than $5,000 per affected employee, or imprisoned not more than 30 days; or
(B) For any subsequent offense, be fined not more than $10,000 per affected employee, or imprisoned not more than 90 days.
(3) The fines set forth in paragraphs (1) and (2) of this subsection shall not be limited by § 22-3571.01.
(b)(1) In addition to and apart from any other penalties or remedies provided for in this chapter or the Living Wage Act, the Mayor shall assess and collect administrative penalties as follows:
(A) For the first offense, $50 for each employee or person whose rights under this chapter or the Living Wage Act are violated for each day that the violation occurred or continued; or
(B) For any subsequent offense, $100 for each employee or person whose rights under this chapter or the Living Wage Act are violated for each day that the violation occurred or continued.
(2) In addition to the administrative penalties set forth in paragraph (1) of this subsection, the Mayor shall collect administrative penalties in the amounts set forth below for the following violations:
(A) Five hundred dollars for failure to provide notice of investigation to employees as required by § 32-1308.01(c)(2); and
(B) Five hundred dollars for failure to post notice of violations to the public, as required by § 32-1308.01(h)(2).
(3) This subsection shall not be construed to affect the Sick and Safe Leave Act or the Minimum Wage Revision Act.
(c) No administrative penalty may be collected unless the Mayor has provided any person alleged to have violated any of the provisions of this section notification of the violation, notification of the amount of the administrative penalty to be imposed, and an opportunity to request a formal hearing held pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.] and § 32-1308.01. If a formal hearing is requested pursuant to § 32-1308.01(e), the Mayor shall issue a final order following the hearing, containing a finding that a violation has or has not occurred. If a hearing is not requested, the person to whom notification of violation was provided shall transmit to the Mayor the amount of the penalty within 15 days following notification.
(d) The fines set forth in this section shall not be limited by § 22-3571.01.
(Aug. 3, 1956, 70 Stat. 978, ch. 924, § 7; Apr. 3, 2001, D.C. Law 13-245, § 3, 48 DCR 647; June 11, 2013, D.C. Law 19-317, § 112(e), 60 DCR 2064; Feb. 26, 2015, D.C. Law 20-157, § 2(e), 61 DCR 10157; Apr. 7, 2017, D.C. Law 21-266, § 2(e), 64 DCR 2140.)
1981 Ed., § 36-107.
1973 Ed., § 36-607.
D.C. Law 13-245 designated the existing text as subsec. (a) and added subsecs. (b) and (c).
The 2013 amendment by D.C. Law 19-317 added (d).
The 2015 amendment by D.C. Law 20-157 rewrote this section.
For temporary (90 days) amendment of this section, see § 2(e) of Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).
For temporary (90 days) amendment of this section, see § 2(e) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).
For temporary (90 days) amendment of this section, see § 2(b) of Wage Theft Prevention Correction and Clarification Second Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-512, Oct. 27, 2016, 63 DCR 13577).
For temporary (90 days) amendment of this section, see § 2(b) of Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2016 (D.C. Act 21-480, July 21, 2016, 63 DCR 10193).
For temporary (90 days) amendment of this section, see § 112(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
For temporary (90 days) amendment of this section, see § 2(a)(2) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).
For temporary (90 days) amendment of section, see § 2(b) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).
For temporary (90 days) amendment of this section, see § 4 of the Wage Theft Prevention Clarification Emergency Amendment Act of 2016 (D.C. Act 21-291, Jan. 27, 2016, 63 DCR 1207).
For temporary (90 days) amendment of this section, see § 2(b) of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).
For temporary (225 days) amendment of this section, see § 2(b) of Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2016 (D.C. Law 21-170, Nov. 30, 2016, 63 DCR 12600).
For temporary (225 days) amendment of this section, see § 2(b) of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).
For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).
For temporary (225 days) amendment of this section, see § 2(b) of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).
For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).
Section 4 of D.C. Law 13-245 provided: “The Mayor, pursuant to title 1 of the District of Columbia Administrative Procedure Act shall issue regulations to implement the provisions of this act.”
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.
Structure District of Columbia Code
Chapter 13 - Wages and Workplace Fraud
Subchapter I - Payment and Collection of Wages
§ 32–1302. When wages must be paid; exceptions
§ 32–1304. Unconditional payment of wages conceded to be due
§ 32–1305. Provisions of law may not be waived
§ 32–1306. Enforcement, records and subpoenas
§ 32–1307.01. Wage Theft Prevention Fund
§ 32–1308.01. Administrative actions on employee complaints
§ 32–1308.02. Interpretation of fees