Intro to Washington D.C. Labor Laws

On January 12, District of Columbia Mayor Muriel Bowser signed legislation requiring employers to disclose salary ranges in all job listings and position descriptions advertised. 

The Wage Transparency Omnibus Amendment Act of 2023 would require employers with at least one employee in D.C. to disclose wage ranges in job postings and job descriptions advertised internally and externally. Some other components of the Act include requiring employers to note the existence of any healthcare benefits before the first interview of any job applicant as well as posting a notice alerting employees to their rights in a conspicuous place where employees can easily access it.    

The Act is set to undergo a 30-day Congressional review. If it passes, the Act will take effect on June 30, 2024. Employers should update their job advertisements and postings, consider revising their standard operating procedures for interviewing candidates, and train stakeholders to ensure compliance with the new amendment if passed.

Update 4/18/24: Since the date of this posting, the 30-day review period during which Congress could reject the Act concluded without action being taken. As a result, the Act will become effective on June 30, 2024.

The District of Columbia expanded anti-discrimination protections to include ‘homeless status’ as a protected characteristic, extend anti-discrimination protections to independent contractors and unpaid interns, and broaden the definition of behavior that can be considered to qualify as harassment. Employers in the District should review and update their anti-harassment and discrimination policies to include these expanded definitions and protected classes.

The District’s Universal Paid Leave Act (UPLA) has been amended to include an additional two weeks of Paid Family Leave for prenatal care. This additional paid benefit will extend through October 1, 2022. The District’s Family and Medical Leave Act (DCFMLA) has also been amended to extend eligibility requirements to employees who have worked for their employer for at least 1,000 hours within the last seven years.

In February 2021, we introduced the proposed ban on non-competes in Washington, D.C. As of October 1, 2022, D.C. has now banned private employers from entering into non-compete agreements. This newly enacted law clarifies that the ban will only affect certain employees who earn less than $150,000 in total compensation and outlines that the definition of total compensation includes salary, commission, unrestricted stocks, and overtime specifically. The ban also specifies that employers may still utilize confidentiality and anti-poaching agreements. Employers are encouraged to revisit their existing policies and employment agreements in partnership with their legal counsel to ensure compliance.

Last October we discussed amendments made to D.C.’s Universal Paid Leave Act (UPLA) which was expanded to include an additional two weeks of leave. In June 2022, the law was further amended to increase the number of weeks of leave to 12 or 14 in specific qualifying circumstances for birthing parents. The additional leave allotments will be effective October 1, 2022.

Employers should also note that the law has two additional provisions already in effect – DC will no longer require a one-week waiting period before payment begins for new claims, and employer contributions to the program will be reduced.

In early 2021, Mayor Bowser signed an act that will ban private employers in D.C. from requiring workers to enter into non-compete agreements. Once effective, the act will nullify non-compete agreements entered into after the effective date, but it will not retroactively apply to existing agreements. Furthermore, the act will extend to non-compete bans during employment, commonly referred to as “anti-moonlighting” policies. Employers should monitor this development for further guidance.