§ 32–1008.01. Notice requirements for temporary staffing firms.

(a)(1) A temporary staffing firm shall furnish to each employee at the time of the initial interview or hire a notice that is signed and dated by the temporary staffing firm and the employee containing the information required by § 32-1008(c). The notice shall be provided in English and, if the Mayor has made available a translation of the sample template in a language that is known by the temporary staffing firm to be the employee's primary language or that the employee requests, the temporary staffing firm shall furnish written notice to the employee in that other language also.

(2) For the purposes of the notice:

(A) If a specific rate of pay has not been determined at the time of the initial interview or hire, a temporary staffing firm shall provide the employee with a range of potential wages the employee will likely earn based upon the qualifications of the employee and the suitability of the assignment;

(B) The range of potential hourly wages may not be excessively broad and must be based on a good-faith estimate of the typical wage earned by similarly qualified employees working at assignments similar to those for which the employee is eligible and likely to be assigned; and

(C) If a fixed, designated payday has not been established at the time of the initial interview or hire, a temporary staffing firm shall inform the employee that the payday may vary depending upon the usual practice at the assignment.

(b) When a temporary staffing firm assigns an employee to perform work at, or provide services for, a client, the temporary staffing firm shall furnish the employee a written notice in English, and in another language that the employer knows to be the employee's primary language or that the employee requests, if a sample template has been made available pursuant to subsection (c) of this section, of:

(1) The specific designated payday for the particular assignment;

(2) The actual rate of pay for the assignment and the benefits, if any, to be provided;

(3) The overtime rate of pay the employee will receive, or, if applicable, inform the employee that the position is exempt from additional overtime compensation and the basis for the overtime exemption;

(4) The location and name of the client employer and the temporary staffing firm;

(5) The anticipated length of the assignment;

(6) Whether training or safety equipment is required and who is obligated to provide and pay for the equipment;

(7) The legal entity responsible for workers’ compensation, should the employee be injured on the job; and

(8) Information about how to contact the designated enforcement agency for concerns about safety, wage and hour, or discrimination.

(c) On or before February 26, 2017, the Mayor shall publish online a translation of the sample template of the notice required by this section in any language 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.

(d) For the purposes of this section:

(1) The term “temporary staffing firm” means a business that recruits and hires its own employees and assigns those employees to perform work at or services for another organization, to support or supplement the other organization’s workforce, or to provide assistance in special work situations such as employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects.

(2) Electronic mail, text messaging, facsimile, and regular mail shall each constitute written notice.

(Mar. 25, 1993, D.C. Law 9-248, § 9a; as added Feb. 26, 2015, D.C. Law 20-157, § 3(d), 61 DCR 10157; Apr. 7, 2017, D.C. Law 21-266, § 3(d), 64 DCR 2140.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(d) of Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).

For temporary (90 days) amendment of this section, see § 3(d) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).

For temporary (90 days) amendment of this section, see § 2(b)(3) of Wage Theft Prevention Clarification Emergency Amendment Act of 2015 (D.C. Act 21-8, Feb. 26, 2015, 62 DCR 2669).

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) amendment of this section, see § 2(b) of the Wage Theft Prevention Clarification Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-66, May 22, 2015, 62 DCR 6867, 21 DCSTAT 1446).

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) amendment of this section, see § 3(b) of the Wage Theft Prevention Clarification Emergency Amendment Act of 2016 (D.C. Act 21-291, Jan. 27, 2016, 63 DCR 1207).

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

For temporary (225 days) amendment of this section, see § 2(b) of Revised Wage Theft Prevention Clarification Temporary Amendment Act of 2016 (D.C. Law 21-206, Feb. 18, 2017, 63 DCR 15051).

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) amendment of this section, see § 2(b) of the Wage Theft Prevention Clarification Temporary Amendment Act of 2015 (D.C. Law 21-2, June 4, 2015, 62 DCR 4552).

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).

For temporary (225 days) amendment of section, see § 3(b) of the Wage Theft Prevention Clarification Temporary Amendment Act of 2016 D.C. Law 21-101, April 6, 2016, 63 DCR 2220, 20 DCSTAT 3142).

Editor's Notes

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.