§ 32–1008. Duties of employers; open records.

(a)(1) Every employer subject to any provision of this subchapter or of any regulation or order issued under this subchapter shall make, keep, and preserve for a period of not less than 3 years or the prevailing federal standard at the time the record is created, which shall be identified in rules issued pursuant to this chapter, whichever is greater, a record of:

(A) The name, address, and occupation of each employee;

(B) A record of the date of birth of any employee under 19 years of age;

(C) The rate of pay and the amount paid each pay period to each employee;

(D) The precise times worked each day and each workweek by each employee, except for employees who are not paid on an hourly basis and who are exempt from the minimum wage and overtime requirements under § 32-1004(a); and

(E) Any other records or information as the Mayor shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this subchapter or of the regulations issued under this subchapter.

(2)(A) Any records shall be open and made available for inspection or transcription by the Mayor, the Mayor's authorized representative, or the Office of the Attorney General upon demand at any reasonable time. An employer shall furnish to the Mayor, the Mayor's authorized representative, or the Office of the Attorney General on demand a sworn statement of records and information upon forms prescribed or approved by the Mayor or Attorney General.

(B) No employer may be found to be in violation of subparagraph (A) of this paragraph unless the employer had an opportunity to challenge the Mayor or Attorney General's demand before a judge, including an administrative law judge.

(a-1) Beginning January 1, 2020, an employer that employs an employee who is paid in accordance with § 32-1003(f), except for a hotel employer, shall use a third-party payroll business to prepare the payroll for the employer.

(b) Every employer shall furnish to each employee at the time of payment of wages an itemized statement showing the following:

(1) Date of the wage payment;

(2) Gross wages paid;

(3) Deductions from and additions to wages, including a separate line for gratuities;

(4) Net wages paid;

(5) Hours worked during the pay period;

(6) Employee's tip-declaration form for the pay period, delineating cash tips and credit-card tips; and

(7) Any other information as the Mayor may prescribe by regulation.

(c) Every employer, except as specified in §  32-1008.01, shall furnish to each employee at the time of hiring, and whenever any of the information contained in the written notice changes, a written notice in English; provided, that if the Mayor has made a sample template available in a language other than English that the employer knows to be the employee's primary language or that the employee requests, the employer shall furnish the written notice to the employee in that other language also. The notice required by this subsection shall contain:

(1) The name of the employer and any “doing business as” names used by the employer;

(2) The physical address of the employer’s main office or principal place of business, and a mailing address, if different;

(3) The telephone number of the employer;

(4) The employee’s rate of pay and the basis of that rate, including: by the hour, shift, day, week, salary, piece, commission, any allowances claimed as part of the minimum wage, including tip, meal, or lodging allowances, or overtime rate of pay, exemptions from overtime pay, living wage, exemptions from the living wage, and the applicable prevailing wages;

(4A) The employer's tip-sharing policy, consistent with the requirements of § 32-1003(g)(1)(B) through (D);

(5) The employee’s regular payday designated by the employer in accordance with § 32-1302; and

(6) Any such other information as the Mayor considers material and necessary.

(d)(1)(A) Within 90 days after February 26, 2015, and within 30 days of any change to the information contained in the prior written notice, an employer, except in those instances where notice is provided pursuant to § 32-1008.01, shall furnish each employee with an updated notice containing the information required under subsection (c) of this section in English and in any additional language required by subsection (c) of this section.

(B) To show proof of compliance with these notice requirements, an employer shall retain either copies of the written notice furnished to employees that are signed and dated by the employer and by the employee acknowledging receipt or electronic records demonstrating that the employee received and acknowledged the notice via email or other electronic means.

(C) Notwithstanding subparagraph (A) of this paragraph, if an employer revises its tip-out policy, the employer shall provide employees with the proposed new policy before its implementation by the employer.

(2) If an employer fails to comply with this subsection or subsection (c) of this section, the failure shall constitute evidence weighing against the credibility of the employer’s testimony regarding the rate of pay promised.

(3) The period prescribed in § 32-1308(c) shall not begin until the employee is provided all itemized statements and written notice required by this section.

(e) The Mayor shall make available for employers a sample template of the notice within 60 days of February 26, 2015. On or before February 26, 2017, the Mayor also shall publish online a translation of the sample template in any languages required for vital documents pursuant to § 2-1933. The Mayor shall also publish online translations of the sample template in any additional languages the Mayor considers appropriate to carry out the purposes of this section.