Code of the District of Columbia

§ 32–1009.01. Notice requirements for tipped wages.

(a)(1)(A) As of January 1, 2020, the third-party payroll business, required pursuant to § 32-1008(a-1) to process payroll for an employer that employs an employee who is paid in accordance with § 32-1003(f), shall submit a quarterly report to the Mayor no later than 30 days after the end of each quarter certifying that each employee was paid at least the required minimum wage, including gratuities.

(B) Before January 1, 2020, an employer that employs an employee who is paid in accordance with § 32-1003(f) shall submit a quarterly report to the Mayor no later than 30 days after the end of each quarter certifying that each employee was paid at least the required minimum wage, including gratuities.

(C) A hotel employer that employs an employee who is paid in accordance with § 32-1003(f) shall submit a quarterly report to the Mayor no later than 30 days after the end of each quarter certifying that each employee was paid at least the required minimum wage, including gratuities.

(2) Each quarterly report submitted pursuant to this subsection shall include and itemize the following information:

(A) Name of each employee;

(B) Number of hours each employee worked each week during the quarter for which the report is being provided;

(C) The total pay, including gratuities, received by each employee each week during the quarter for which the report is being provided;

(D) Average weekly wage for each employee during the quarter for which the report is being provided; and

(E) The employer's current tip-out policy that the employer supplied to the third-party payroll business for calculation of wages during the quarter.

(b)(1) The Mayor shall create an Internet-based portal for online reporting of the quarterly wage reports required by subsection (a) of this section.

(2) An employer shall submit its quarterly wage reports online unless the employer claims that online reporting creates a hardship, in which case the employer shall submit its reports in hard-copy form.

(3) The Mayor shall provide reporting requirements training to educate employers about the reporting requirements and use of the Internet-based portal.

(c) The Mayor shall:

(1) Perform random reporting audits after each quarterly report deadline to ensure compliance; and

(2) Submit a quarterly report to the Secretary to the Council of the compliance data collected.


(Mar. 25, 1993, D.C. Law 9-248, § 10a; as added Mar. 11, 2014, D.C. Law 20-91, § 2(c), 61 DCR 778; Aug. 19, 2016, D.C. Law 21-144, § 2(c), 63 DCR 9275; Dec. 13, 2018, D.C. Law 22-196, § 6(d), 65 DCR 12049.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-91 added this section.

Applicability

Applicability of D.C. Law 22-196: § 8 of D.C. Law 22-196 provided that the the change made to subsection (b) of this section by § 6(d) of D.C. Law 22-196 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) of Fair Shot Minimum Wage Emergency Amendment Act of 2016 (D.C. Act 21-428, June 28, 2016, 63 DCR 9271).

For temporary (90 days) repeal of D.C. Law 20-91 § 3, see § 7004 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-91, § 3, see § 7004 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-91, § 3, see § 7004 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884).

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) 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).

Temporary Legislation

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) 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).

Editor's Notes

Section 3 of D.C. Law 20-91 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-91: Section 3 of D.C. Law 20-91 provided that sections 2(b)-(d) of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

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.