§ 32–1010. Violations.

(a) It shall be unlawful for any employer to:

(1) Violate any of the provisions of this subchapter or any of the provisions of any regulation issued under this subchapter;

(2) Violate any of the provisions of §§ 32-1008, 32-1009 and 32-1009.01 or any regulation made under the provisions of § 32-1006, or to make any statement, report, or record filed or kept pursuant to the provisions of §§ 32-1008 and 32-1009.01 or any regulation or order issued under § 32-1006 knowing the statement, report, or record to be false in a material respect;

(3) Discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee or person because that employee or person has:

(A) Made or is believed to have made a complaint to his or her employer, the Mayor, the Attorney General for the District of Columbia, any federal or District employee, or to any other person that the employer has engaged in conduct that the employee, reasonably and in good faith, believes violates any provision of this subchapter, or any regulation promulgated pursuant to this subchapter;

(B) Caused to be instituted or is about to institute a proceeding under or related to this subchapter;

(C) Provided information to the Mayor, or the Attorney General for the District of Columbia, or any federal or District of Columbia employee;

(D) Testified or is about to testify in an investigation or any proceeding filed under this subchapter; or

(E) Exercised rights protected under this subchapter.

(4) Hinder or delay the Mayor or the Mayor’s authorized representative in the enforcement of this subchapter, to refuse to admit the Mayor or the Mayor’s authorized representative to any place of employment upon demand, to refuse to make available any record to the Mayor or Mayor’s authorized agent required to be made, kept, or preserved under this subchapter, or to fail to post a summary or copy of this subchapter or of any applicable regulation or order, as required under § 32-1009.

(b) An employee complaint or other communication need not make explicit reference to any section or provision of this subchapter to trigger the protections of this section. The employer, or any person acting on behalf of the employer, taking adverse action against an employee within 90 days of an employee or other person’s engagement in the activities set forth in subsection (a) of this section shall raise a presumption that the action is retaliation. The presumption may be rebutted by clear and convincing evidence that the action was taken for other permissible reasons.

(Mar. 25, 1993, D.C. Law 9-248, § 11, 40 DCR 761; Mar. 11, 2014, D.C. Law 20-91, § 2(d), 61 DCR 778; Feb. 26, 2015, D.C. Law 20-157, § 3(f), 61 DCR 10157.)

Prior Codifications

1981 Ed., § 36-220.9.

Section References

This section is referenced in § 32-1011.

Effect of Amendments

The 2014 amendment by D.C. Law 20-91, in (2), substituted “§§ 32-1008, 32-1009, and 32-1009.01” for “§§ 32-1008 and 32-1009” and substituted “§§ 32-1008 and 32-1009.01” for “§ 32-1008”.

The 2015 amendment by D.C. Law 20-157 designated the existing text as (a); rewrote (a)(3); and added (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2, of Rhode Island Place Shopping Center Working Group Emergency Act of 2009 (D.C. Act 18-315, February 23, 2010, 57 DCR 1652).

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 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).

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

Section 2 of D.C. Law 18-150 added a section to read as follows:

“Sec. 2. (a) The Mayor shall implement a Rhode Island Place Working Group (’working group’) within 30 days to collaborate with businesses located in the Rhode Island Place Shopping Center bordered by Rhode Island Avenue, N.E., and Brentwood Road, N.E., in Ward 5 to address the challenge of day laborers congregating at the site.

“(b) The working group shall make recommendations for a civil resolution to the day-laborer concern at the Rhode Island Place Shopping Center site.

“(c) The working group shall meet at least every 2 weeks. The members of the working group shall include:

“(1) The Ward 5 Councilmember, or his designee;

“(2) The Chairperson of Advisory Neighborhood Commission 5B;

“(3) The Attorney General, or a designated staff attorney;

“(4) The Director of the Office of Latino Affairs, or her designee;

“(5) Representatives from businesses located in the Rhode Island Place Shopping Center;

“(6) Representatives from other District agencies as determined by the Mayor; and

“(7) Other workers’ rights stakeholders as determined by the Ward 5 Councilmember.

“(d) The Mayor shall submit a report regarding the District’s proposed course of action to resolve the challenge of day laborers in the Rhode Island Place Shopping Center, based on the working group recommendations, by July 1, 2010.”

Section 4(b) of D.C. Law 18-150 provided that the act shall expire after 225 days of its having taken effect.

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

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.

Section 3 of D.C. Law 20-91 was repealed by D.C. Law 20-155, § 7004.

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.