Employers in Washington D.C. are keeping tabs on recent legislation signed by Mayor Vincent C. Gray that should keep HR departments busy in the coming months. The “Wage Theft Prevention Amendment Act of 2014” is expected to reach Congress on November 12, 2014, and provided there is no Congressional action, will be become effective after a 30-day waiting period. The law covers a number of topics, but one that catches most employers’ eyes is the mandatory notice requirement, which is paired with a $500/per employee fine for non-compliance.
Within just 90 days of the effective date, employers must send a notice to every employee. The notice must include: (i) the name of the employer, (ii) the physical addresses (main and principal place of business) of the employer, (iii) the telephone number of the employer, (iv) the employee’s rate of pay and the basis of that rate, and (v) the employee’s regular payday.
Employers are also required to provide this notice to all new employees. The notice must be in English and, when different than English, the employee’s primary language. While the Mayor’s office will supply a template for the English notice, it is unclear whether they will create a template in any other language.
Please note that the legislation is still subject to Congressional approval, and the notice requirements could change before the Act becomes law. As always, it is prudent to discuss the implications of this Act on your business with your legal advisor.