Tipped employees. The Tipped Wage Workers Fairness Amendment Act of 2018 requires employers of tipped employees to provide harassment prevention training to all employees (2017 Bill Text DC B. 913). Many sections of the law will not be applicable until they are included in an approved budget and financial plan (likely mid-2019).
The training must be developed by the D.C. Office of Human Rights (OHR) or presented by an OHR-certified provider. Employees must receive training within 2 years after the training requirement takes effect. New employees must receive training within 90 days of employment unless they have received training within the past 2 years. Owners, operators, and managers must receive training every 2 years. Training may be online or in person, except for managers, who must attend in-person training.
When the law takes effect, employers must document complaints of sexual harassment reported to management, including whether the alleged harasser was a nonmanagerial employee, manager, owner, or operator. No later than July 1, 2019, and annually thereafter, employers must report to the OHR the number of complaints and the total number of alleged harassers in each category.
If employees receive training from an OHR-certified provider and not directly from the OHR, the employer must submit certification of the training to the OHR within 30 business days after training has been completed. The OHR will retain training records for at least 5 years.
Effective July 1, 2019 (subject to budget approval), employers of tipped employees must:
• File with the OHR a policy outlining how employees can report sexual harassment to management and the OHR;
• Provide employees with a copy of the sexual ...