Code of the District of Columbia

§ 32–1071.02. Services contracts and other requirements for hiring entities and referral agencies.

(a) A hiring entity shall execute a services contract with a domestic worker no later than the first day a domestic worker is expected to perform work for a hiring entity, or, if the hiring entity employs or engages a domestic worker as of January 29, 2024, within 30 calendar days after January 29, 2024.

(b)(1) An executed services contract shall include:

(A) The domestic worker's start date;

(B) If known, the end date of contract;

(C) The address where work will usually be performed or the business address that the hiring entity registered with the Department of Licensing and Consumer Protection;

(D) The primary contact information for the hiring entity, including a telephone number;

(E) The duties to be performed by the domestic worker;

(F) The rate of pay per hour, week, or other unit of time, specifying for domestic workers who are employees the rate per hour and overtime rate;

(G) The form, place, and frequency of payment;

(H) The date first payment will be provided;

(I) The weekly schedule, including days of the week, start time, end time, and number of hours of work per week;

(J) If the domestic worker will be provided with rest breaks or meal breaks, the customary practice or time;

(K) Types of leave from work provided and whether paid or unpaid;

(L) Any other compensation or reimbursement provided by the hiring entity, such as health insurance premiums, transportation allowance, or separation pay;

(M) Whether the domestic worker must provide their own vehicle for the fulfillment of work duties; and

(N) For live-in domestic workers, a description of the type and value of lodging provided, time of sleeping period, and personal time allotment.

(2) If any of the provisions required pursuant to paragraph (1) of this subsection do not apply to the relationship between a hiring entity and domestic worker, the hiring entity shall specify in the services contract the provisions that do not apply.

(3) A hiring entity and domestic worker may execute a services contract in identical documents; which identical documents shall have the same force and effect as a single document bearing the signatures of all parties.

(4) When one or more of the terms of a services contract permanently changes, the parties shall modify the existing services contract or execute a new services contract.

(5) Recipients of shared services shall jointly execute a services contract with the domestic worker that complies with this subsection.

(c)(1) A services contract shall not:

(A) Require the domestic worker to waive any provision of this chapter;

(B) Prohibit, punish, interfere with, or have the effect of deterring the domestic worker from filing a complaint or cooperating with an investigation under this chapter; or

(C) Contain a non-compete provision to the extent prohibited in Chapter 5B of this title.

(2) A provision in an executed services contract that paragraph (1) of this subsection prohibits shall be void as a matter of law.

(d)(1) A hiring entity shall:

(A) Make reasonable efforts to provide a domestic worker with a translation of a services contract in the domestic worker's preferred language; and

(B) Retain a true and accurate copy of an executed services contract with a domestic worker and other records made or kept in relation to this chapter pursuant to rules promulgated pursuant to § 32-1071.05 for no less than 3 years and as long as may be required by other applicable District law.

(2) In determining whether a hiring entity made reasonable efforts to provide the translated services contract pursuant to paragraph (1)(A) of this subsection, a factfinder shall consider whether the Mayor has made template agreements available in the domestic worker's preferred language, the other resources available to the hiring entity to obtain a translation, the time the hiring entity spent attempting to obtain translation services, the complexity of the information in need of translation, and other relevant factors.

(e) A hiring entity may not discharge, threaten, penalize, or in any other manner retaliate against a domestic worker because the hiring entity believes or because the domestic worker in fact:

(1) Alleged a violation of this chapter that the domestic worker reasonably believes to:

(A) A hiring entity;

(B) The Mayor;

(C) The Attorney General; or

(D) Another person that the hiring entity has employed or engaged.

(2) Participated in or cooperated with an action by the Mayor or Attorney General under this chapter; or

(3) Otherwise exercised a right pursuant to this chapter.

(f) A referral agency shall notify domestic workers and hiring entities about the requirements of this section whenever the referral agency provides services to a hiring entity or a domestic worker.

(g) Hiring entities that receive services under the same services contract are jointly and severally liable for violations of this section.

(h) Unless otherwise specified in an executed services contract, no provision of the contract may be interpreted to limit or prohibit either party from terminating the employment or engagement at-will.

(i) A services contract that complies with this section shall be deemed to satisfy an employer's obligations pursuant to the requirements of § 32-1008(c).

(j) Nothing in this section shall be construed to mean that a hiring entity or a domestic worker may not include other lawful terms in a services contract.