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.
- Employers may verify a new hire's prior training and compliance with the DC TWWAA, by emailing DCOHR at tipsdc@dc.gov (and cc-ing: angela.gonzalez1@dc.gov).
- 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.
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