The District of Columbia’s Tipped Wage Workers Fairness Amendment Act imposes several obligations on employers with tipped employees, including significant training and reporting requirements. The deadline for employees, managers, owners, and operators covered by the Act to complete the required anti–sexual harassment training is August 31, 2023.
WHO IS A TIPPED WAGE WORKER UNDER THE ACT?
The Act applies to DC employers that hire individuals earning tips as wages. [1] As of May 1, 2023, a “tipped wage worker” is a worker who earns a cash wage of at least $6.00/hour and earns at least $10.10/hour in tips. [2] On July 1, 2023, the DC minimum wage and living wage will increase to $17.00/hour and tipped workers must receive a cash wage of at least $8.00/hour. [3]
APPROACHING TRAINING DEADLINE FOR COMPLIANCE
One essential component of the Act requires covered employers to provide anti–sexual harassment training to their employees, managers, owners, and operators. The deadline for all currently employed covered individuals to complete the training for 2023 is August 31. [4]
To be in compliance, the training must include guidance on responding to, intervening in, and preventing sexual harassment by co-workers, management, and patrons. Whereas managers, owners, operators, and existing employees must complete the training every two years, new employees must complete the training within 90 days of hire unless the employee received the training in the last two years.
The DC Office of Human Rights (OHR) remains unclear about who can provide the training, specifying that “training may be conducted using an OHR certified trainer” (emphasis added). OHR does not explicitly state that the training must be facilitated using a certified trainer. [5] OHR is currently developing guidelines for enforcement of the Act.
OTHER COMPLIANCE REQUIREMENTS
In addition to this training requirement, there are reporting and policy obligations under the Act. For example, covered employers must maintain a sexual harassment policy outlining a process for employees to report instances of sexual harassment to management and OHR.
Additionally, employers must distribute this policy to all employees and post it in a conspicuous place accessible to all employees. Covered employers must submit their sexual harassment policies to OHR. Finally, employers must annually report to OHR the number of instances of sexual harassment that were reported to management. [6]
Morgan Lewis lawyers have attended OHR training and are available to assist with compliance.
[1] 65 DCR 12049.
[2] Sexual Harassment Prevention Training and Documentation Compliance for Tipped Wage Workers Fairness Amendment Act, Frequently Asked Questions, Office of Human Rights, 2 (2022); Living Wage, Office of Wage-Hour Compliance, Department of Employment Services (last accessed May 28, 2023).
[3] See note 2, Living Wage.
[4] Tipped Wage Workers Fairness Amendment Act of 2018, Office of Human Rights (last accessed May 28, 2023).
[5] See note 2, Sexual Harassment Prevention Training and Documentation Compliance for Tipped Wage Workers Fairness Amendment Act, Frequently Asked Questions, at 1.
[6] Id. at 2.
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