The Mayor’s office has released revised versions of the template notices that were issued last Friday. The revised notices for employers are available here and for staffing agencies are available here. These notices must be provided to new hires and incumbent employees under the D.C. Wage Theft Prevention Act. The revised notices fix some, but not all, of the issues with the notices. The revised notices:
- Correct obvious errors such as the “Employer’s name” and “DBA” fields in the employee information section;
- Omit the “Preparer” section and other references to the “hospitality industry wage order,” which makes sense given there is no DC hospitality industry wage order;
- Add a field to identify the basis of an employee’s pay rate, i.e., minimum wage, living wage, exempt, or employer determined rate above minimum wage;
- Add a field to identify exemptions for each exempt employee, although the notices reference only three of the numerous exemptions under the FLSA; and
- Add a field for employer’s signature, which the Wage Theft Prevention Act requires.
Once again, despite there still being some issues with the notices, employers should take immediate steps to provide the notices in their revised form to new employees at time of hire and existing employees no later than May 27. Please contact your Seyfarth Shaw attorney if you have any questions regarding how to complete the notices.