In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped employees, such as mandatory sexual harassment prevention training and notice requirements. Certain aspects of the TWWF are only now being implemented.

Washington, D.C., employers with one or more workers who receive all or part of their wages in the form of tips are required to submit documentation and complete certifications to the District of Columbia Office of Human Rights (OHR).

The law sets out the following requirements.

Written Anti-Sexual Harassment Policy

A covered employer must have a written anti-sexual harassment policy that complies with the TWWF and clearly describes how to file a sexual harassment complaint. The employer must also submit its anti-sexual harassment policy to the OHR; distribute the policy to all employees, including instructions on how to file a sexual harassment complaint; and post the policy in a visible location where all employees have access, such as a breakroom.

OHR Worker Rights Fact Sheet

Covered employers must also post the official fact sheet created by the OHR regarding worker rights under the TWWF, including how to file a claim, in a prominent area that is accessible to all employees. The OHR provides a portal for employers to report that they have complied with the TWWF, and employers must certify via the OHR...

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