Updates To DC Tipped Wage Workers Amendment Act – Employee Benefits & Compensation

The District of Columbia’s Tipped Wage Workers Fairness Amendment Act
(TWWFAA) continues to be a big talking point for the hospitality
industry. Among other things, the TWWFAA requires D.C.
employers that employ a tip credit for any employee in the District
to (1) Submit a copy of and information about their sexual
harassment policy to D.C.’s Office of Human Rights (DCOHR); (2)
Submit reports containing the number of instances of sexual
harassment complaints to the DCOHR; and (3) Provide sexual
harassment and wage and hour training to all employees, managers,
owners, or operators of the organization who work or oversee
operations in the District.

Any D.C. business using the tip credit is also required to
indicate where in the business their sexual harassment policy is
displayed, and how many staff members received it. The policy must
include how to file a harassment complaint within the business
(including name and contact information), and how to file a
complaint with DCOHR, otherwise the submission will be declined.
Businesses are also required to provide the number of sexual
harassment claims filed with management in 2023 and the role of the
alleged harasser (e.g., manager, employee, etc.). The
deadline for these submissions is Friday, May 31,
2024. This information must be submitted through
DCOHR’s Business Self-Service Form, which is linked here.

The DCOHR recently released additional guidance to clarify the
legislation in advance of the upcoming deadline.

• Any business that has moved away from the tip credit and now
  pays its employees the D.C. minimum hourly wage (currently $17.00
  an hour) is no longer covered by the TWWFAA, and therefore is not
  required to provide the training and submit sexual harassment
  policy and reporting information online. However, the DCOHR
  encourages business to continue to do so as a best practice.

• The Business Self-Service Form’s reference to the
  “total number of employees and managers” seeks the total
  number of people who worked in the business in 2023, regardless of
  whether they were employed for the entire year or as of December
  31, 2023. Businesses have the option to submit additional
  information that details the number of employees who have since
  resigned, but that nevertheless did receive their training and/or
  policy.

• Once a business submits its form, it receives an automated
  email acknowledging receipt and a code to access the system. Within
  two weeks of the submission, the business will receive a message
  that the submission was either approved or denied; or, that
  corrections are needed. If a business has not received a code or a
  response after 30 days of submission, it should send DCOHR an email
  at tipsdc@dc.gov.

For additional information, contact any of the authors, who are
DCOHR-certified trainers. Littler Mendelson offers both in-person
and pre-recorded trainings.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.