Summary of District of Columbia Laws

 

Employment

"Wage Payment and Wage Collection Law"

D.C. Code Ann. §§ 32-1301 to 32-1310

DCMR title. 7, §§ 901 to 903

 

The Law:  The Act requires covered employers to regularly and promptly pay their employees the agreed upon wage.  It mandates that employees provide wages at least twice each month on a regular schedule designated in advance, with some limited exceptions.

 

Section 32-1302 provides:

 

"D.C. Code § 32-1302 (2002)
§ 32-1302. When wages must be paid; exceptions [Formerly § 36-102]

Every employer shall pay all wages earned to his employees at least twice during each calendar month, on regular paydays designated in advance by the employer; provided, however, that an interval of not more than 10 working days may elapse between the end of the pay period covered and the regular payday designated by the employer, except where a different period is specified in a collective agreement between an employer and a bona fide labor organization; provided further, that where, by contract or custom, an employer has paid wages at least once each calendar month, he may lawfully continue to do so. Wages shall be paid on designated paydays in lawful money of the United States, or checks on banks payable upon demand by the bank upon which drawn."

 

Pursuant to § 32-1303 of the law, unless otherwise specified in a CBA, when an employer discharges an employee, the employer must pay the employee's wages earned not later than the working day following discharge, unless the employee was responsible for money belonging to the employer. In the latter case, the employer has four days from the date of discharge or resignation to determine amount due and pay the employee all wages earned. 

 

When an employee who does not have a written contract for employment for a period in excess of thirty days quits or resigns, the employer shall pay the wages due upon the next regular payday or within seven days from the date of quitting or resigning, whichever is earlier. Employer is liable for penalty of l0 percent of the unpaid wages for each working day the employer fails to timely pay the employee.

 

The Wage-Hour Office (a division of the D.C. Department of Employment Services) has the authority and duty to investigate complaints and may seek either civil or criminal enforcement.  Individuals may also bring an action for enforcement and the Act provides for the payment of liquidated damages and attorney’s fees.  More information can be obtained from the DC Department of Employment Services.

 

Updated May 31, 2002 to add link to DC DOES, change code section,  and add information on payment of wages upon discharge or resignation. 

 

 

 

 

 

 

 

DC Code checked 2/19/08 AAA
links updated 6/6/08 rab