The latest changes to your labor law posters

As of today 7/18/2017 here are the most recent changes that have occurred:

  1. Missouri Workers Compensation Notice
  2. Wisconsin Unemployment Insurance
  3. California IWC Wage Orders in English and Spanish
  4. Nevada Pregnant Workers Fairness Act
  5. Oregon Minimum Wage
  6. Utah Workers Compensation Notice
  7. New Hampshire Legislative Protection Notice
  8. Virginia OSHA Notice
  9. USERRA updated logos and colors
  10. E-verify updated
  11. Colorado anti-discrimination Notice
  12. Delaware Industrial Affairs
  13. District of Columbia Minimum Wage

Don’t worry you can always purchase our subscription plans and we send you a free poster for the entire length of coverage! http://www.allinoneposters.com/Combination-State-Federal-Poster-Plans/

Advertisements

Child Labor in the District of Columbia (DC)

Both state and federal law restrict the employment of minors. When state youth employment laws differ from the federal provisions, an employer must comply with the higher standard. State child labor standards are presented below.

Minimum Wage

Individuals under the age of 18 may be paid the minimum wage established by the federal government.

Marion S. Barry Summer Youth Employment Expansion Amendment Act

The District of Columbia recently amended the Youth Employment Act to authorize the mayor to provide employment or work-readiness training for participants 14 through 24 years of age (prior to this law, only youths aged 14 to 21 were eligible to participate).

Specifically, the law provides that the mayor must establish and implement (subject to the annual appropriation of funds) a summer youth jobs program to provide for the employment or training each summer of 10,000 to 21,000 youth. Youth must be 14 through 21 years of age on the date of enrollment in the program; provided, that forFiscal Year 2016 and Fiscal Year 2017, the program may provide for the employment or training each summer of no more than 1,000 youth22 through 24 years of age on the date of enrollment in the program.

Individuals involved in the program must be paid at the following rates:

  • Youth 14 or 15 years of age at the date of enrollment must receive an hourly work readiness training rate of at least $5.25.
  • Youth 16 through 21 years of age at the date of enrollment must be compensated at an hourly rate of $8.25.
  • Youth 22 through 24 years of age at the date of enrollment must be compensated at no less than the District’s minimum wage, or the federal minimum wage plus $1 (if the federal minimum wage is greater than the DC minimum hourly wage).

These provisions are effective as of May 12, 2016. Click here to read the text of the law.

Restrictions on Time & Hours Worked

Minors under 18 are generally prohibited from working:

  • More than 6 consecutive days in any 1 week;
  • More than 48 hours in any 1 week; or
  • More than 8 hours in any 1 day.

Note: Certain minors in agricultural work, housework, or in the distribution or sale of newspapers are exempt from these requirements. Different requirements may apply to minors employed in certain live performances or minors employed stuffing newspapers.

Minors 16 and 17 Years Old

  • Minors 16 or 17 years of age may not be employed, permitted, or suffered to work before 6:00 a.m. or after 10:00 p.m.

Minors Under 16

  • Minors under 16 years of age may not be employed, permitted, or suffered to work before 7:00 a.m. or after 7:00 p.m., except during the summer (June 1 through Labor Day) when such minors may work until 9:00 p.m.

For More Information

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

 

ORIGINALLY POSTED BY HR360

Minimum Wage Rate in the District of Columbia (DC)

Update: The minimum wage in the District of Columbia will rise to $11.50 per hour beginning July 1, 2016 (or if greater at that time, the federal minimum wage plus $1) and $2.77 per hour for tipped employees.

In addition, employers of tipped employees must submit a quarterly wage report within 30 days of the end of each quarter to the Mayor certifying that the employee was paid the required minimum wage. The Mayor is expected to create an Internet-based portal for online reporting of the quarterly wage reports. Click here to read the text of the law.

Special Note Regarding Tipped Employees: If an employee’s tips and the cash wage do not equal the minimum wage, the employer must make up the difference.

Special Note Regarding Minor Employees: Individuals under the age of 18 may be paid the minimum wage established by the federal government.

Update: In late April 2016, the adult learner minimum wage and overtime for companions of the aged or infirm was removed from exception. Adult learners between the ages of 18 and 20 can no longer be paid federal minimum wage for the first 90 days of employment, but must be paid the minimum wage established by the District of Columbia.

Update: New details were also added that clarifies which contactors or recipients of government assistance shall pay the Living Wage rate. The Living Wage notice was revised with a wage increase from $13.84 per hour to $13.85 per hour

Update: The US Department of Labor’s Home Care Rule, effective 11/12/2015, made overtime exemptions unlawful for direct care workers who provide home services.

Update: Updates to the DC FMLA notice remove the eligible time period – weeks of leave in a 24-month period – under the Medical Leave Benefits.

For the benefit of our clients, these updates are already included in our DC & Federal Combination Posters offered on www.AllinOnePosters.com beginning May 1, 2016.

 

For More Information

District of Columbia Department of Employment Services
4058 Minnesota Avenue, NE
Washington, D.C. 20019
(202) 724-7000

District of Columbia Accrued Sick and Safe Leave Act

Update: The District’s Accrued Sick and Safe Leave Act has been amended to clarify that employees in the building and construction industry covered by a bona fide collective bargaining agreement will be exempted from the law’s paid leave requirements only if the agreement expressly waives those requirements in clear and unambiguous terms. The amendment was enacted on April 26, 2016 and expires on July 24, 2016.

The District of Columbia’s Accrued Sick and Safe Leave Act generally requires employers to provide to each employee paid leave to be used by the employee for any of the following:

  • An absence resulting from a physical or mental illness, injury, or medical condition of the employee or of a family member.
  • An absence resulting from obtaining a professional medical diagnosis or care, or preventive medical care, for the employee or a family member.
  • An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse, if the absence is directly related to social or legal services pertaining to the stalking, domestic violence, or sexual abuse, in order to:
    • Seek medical attention for the employee or the employee’s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse;
    • Obtain services from a victim services organization;
    • Obtain psychological or other counseling;
    • Temporarily or permanently relocate;
    • Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or
    • Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.

Accrual of paid leave is determined by the number of employees an employer has and the number of hours the employee works.

  • An employer with 100 or more employeesmust provide for each employee at least one hour of paid leave for every 37 hours worked (not to exceed 7 days per calendar year).
  • An employer with 25 to 99 employeesmust provide for each employee at least one hour of paid leave for every 43 hours worked (not to exceed 5 days per calendar year).
  • An employer with 24 or fewer employeesmust provide at least one hour of paid leave for every 87 hours worked (not to exceed 3 days per calendar year).

For the purposes of the bullets above, the number of employees of an employer is determined by the average monthly number of full-time equivalent employees for the prior calendar year. The average monthly number is calculated by adding the total monthly full-time equivalent employees for each month and dividing by 12.

In the case of employees who are exempt from overtime payment under the federal Fair Labor Standards Act, employees will not accrue leave for hours worked beyond a 40-hour work week.

Unused paid leave accrued in one calendar year must be carried over to the next calendar year.

Update: The District of Columbia’s Accrued Sick and Safe Leave Act has been amended. Key provisions from the amendments include the following:

  • An employeewill generally accrue paid leave at the beginning of his or her employment, and an employee may begin to access paid leave after 90 days of service with his or her employer (the law previously required employees to work for an employer for one year and work at least 1,000 hours during the year to be eligible for leave).
  • Coverage is expanded to include certain tipped employees in restaurants or bars (special rules apply to such employees).
  • Employers must retain records documenting hours worked by employees and paid leave taken by employees for a period of 3 years.
    • Note: The definition of “employer” has been expanded to include entities who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employ or exercise control over the wages, hours, or working conditions of an employee.

The amendments are effective as of February 22, 2014. Click here for more information.

Employer Notice and Recordkeeping

Employers must conspicuously post and maintain a notice which displays excerpts and summaries of the law and contains information regarding the filing of complaints asserting violations of the law. The notice must be in English and all languages spoken by eligible employees with limited or no-English proficiency.

Employers must maintain records of the accrual, granting and denial of leave for 3 years.

For more information, please see DC Code §32-131.01 – 131.17.

Employee Notice

  • An employee must make a reasonable effort to schedule paid leave under the law in a manner that does not unduly disrupt the employer’s operations.
  • Paid leave must be provided upon the written request of an employee upon notice in the following manner:
    • The request must include a reasonfor the absence involved and the expected duration of the paid leave.
    • If the paid leave is foreseeable, the request must be provided at least 10 days, or as early as possible, in advance of the paid leave.
    • If the paid leave is unforeseeable, an oral request for paid leave must be provided prior to the start of the work shift for which the paid leave is requested.
    • In the case of an emergency, the employer must be notified prior to the start of the next work shift or within 24 hours of the onset of the emergency, whichever occurs sooner.

Originally published by HR360.com