Employers doing business in the District of Columbia should be aware of several employment laws that have recently taken effect in the District. With the continued prevalence of telework and hybrid work arrangements, many of these laws apply not only to employers with brick-and-mortar establishments in the District, but also to employers with as few as one remote employee based in D.C.
Non-compete restrictions
As we previously reported, the District’s statute restricting employee non-compete agreements went into effect October 1, 2022. Among other things, this law generally prohibits employers from offering or entering into post-employment non-compete agreements with employees earning less than US$150,000 a year (US$250,000 for licensed physicians) and requires employers to give employees receiving such an agreement a specific notice about the law.
Employers with employees or prospective employees in D.C. should review their non-compete agreement templates for compliance with the new law. Employers should also monitor the Federal Trade Commission’s proposed non-compete rule, issued in January 2023, which, if adopted, will ban employee non-compete agreements for many employers (see our posts here and here).
Expansion of the D.C. Human Rights Act
Effective September 21, 2022, D.C. amended the D.C. Human Rights Act (DCHRA), among other things, which prohibits employment discrimination, including harassment based on race, sex, age, disability, religion, and other protected...
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