As a reminder, by Dec. 31, 2022 all Washington D.C. employers that take a tip credit must comply with D.C.’s Tipped Wage Workers Fairness Amendment Act (TWWF). As explained below, by the end of this year covered employers must also maintain an anti-sexual harassment policy and submit certain documentation related to prior allegations of sexual harassment to the District of Columbia’s Office of Human Rights (DCOHR).
The Tipped Wage Workers Fairness Amendment Act
In 2018, the District of Columbia Council enacted TWWF. This law created a comprehensive set of training, notice, recordkeeping and reporting obligations for certain D.C. employers. The TWWF applies to all D.C. employers with at least one employee who is paid in accordance with D.C.’s tipped minimum wage law. For more information on the various requirements in the TWWF, please see our previous alert. After a significant delay in implementation, primarily due to the COVID-19 pandemic, the DCOHR and the District of Columbia’s Department of Employment Services (DOES) have now set deadlines for TWWF compliance.
Requirements under the TWWF
1. Sexual Harassment Policy and Sexual Harassment Complaints
Employers covered by the TWWF must maintain an anti-sexual harassment policy that outlines how employees can report allegations of sexual harassment to both the employer and the DCOHR. Employers must file a copy of this policy with the DCOHR, distribute the policy to employees, and post the policy on its premises in a...
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