The economy has become more and more dependent on tips. In fact, tipping is integral to many industries and employees – for those beyond those working in restaurants. In 2018, the District of Columbia passed the Tipped Wage Workers Fairness Act (TWWF), requiring D.C. employers inform their employees who earn tips of their rights and benefits. The TWWF applies to employers with one or more employees and places significant requirements on employers, including:
- Conduct and report sexual harassment training
- Conduct and report wage payment training
- Report the number of complaints arising out of sexual harassment
- Post and distribute a sexual harassment policy and related fact sheet
- Certify compliance with the above-referenced requirements
Submission and compliance review are conducted by the District’s Office of Human Rights (OHR). The deadline for 2020 and 2021 reporting is September 30, 2022 – with subsequent deadlines attaching on an annual basis (deadline: December 31). The TWWF provides that OHR-approved training materials should be used – otherwise, approval of training materials must be approved by OHR. Further, new employees must receive training within 90-days of starting a position (with certain exceptions). Based on the multiplicity of requirements, I recommend that employers revisit or begin to closely review compliance now so as to avoid potential penalties.
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Theodora Stringham assists individuals, businesses, and organizations with growing successfully while minimizing liability. Focusing on real estate and personnel needs, Ms. Stringham executes sustainable plans for real estate development and employee matters. She provides comprehensive representation for everyday growth issues, including, but not limited to, re-zonings, site plan approvals, eminent domain/valuation concerns, employment discrimination, and disciplinary issues. Ms. Stringham’s scope of representation ranges from identifying potential liability and providing counseling/trainings, all the way through representation at trial.
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