§ 32–1331.12. Employer record-keeping requirements.

(a) An employer shall keep, for at least 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, in or about its place of business, records of the employer containing the following information:

(1) The name, address, occupation, and classification of each employee, exempt person, or independent contractor;

(2) The rate of pay of each employee or method of payment for the independent contractor or exempt person;

(3) The classification of each individual as an employee, exempt person, or an independent contractor;

(4) The amount that is paid each pay period to each employee, exempt person, or independent contractor;

(5) The hours that each employee, exempt person, or independent contractor works each day and each work week;

(6) For all individuals who are not classified as employees, evidence that each individual is an exempt person or an independent contractor or an employee thereof; and

(7) Other information that the Mayor requires, by regulation, as necessary to enforce this subchapter.

(b)(1) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of such classification at the time the individual is hired.

(2) The written notice shall include:

(A) An explanation of the implications of the individual’s classification as an independent contractor or exempt person rather than as an employee, in compliance with § 2-1933, and

(B) Contact information for the Mayor.

(3) Failure to provide a written notice shall be evidence of a knowing violation. The employer shall be liable for an administrative penalty of $500 for each individual that the employer failed to notify.

(4) The Mayor shall adopt regulations establishing specific requirements for the content and form of the notice within 180 days of April 27, 2013, and, the adoption of such regulations shall be a prerequisite to the obligation to furnish the notice.

(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 212; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679; Apr. 7, 2017, D.C. Law 21-266, § 2(j), 64 DCR 2140.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-300 added this section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(j) 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 § 2(j) 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) repeal of D.C. Law 19-300, § 4, see § 7019 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 19-300, § 4, see 7019 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.

Editor's Notes

Section 4 of D.C. Law 19-300 provided that D.C. Law 19-300, §§ 205, 206, and 212(e) [212(b)(4)] shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7019 of D.C. Law 20-61 repealed D.C. Law 19-300, § 4.