In 2018, District of Columbia Council enacted the Tipped Wage Workers Fairness Amendment Act of 2018 B 913 (the Act). The act took effect on December 13, 2018, but many of the significant provisions of the Act do not become operative until dates in 2019. Although the Act contains other provisions, Section 5 relates specifically to the mandatory sexual harassment training, policy and recordkeeping requirements.
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Tipped Employee Mandatory Sexual Harassment Workplace Training
The Act imposes significant new requirements on employers of tipped employees. First, employers must provide sexual harassment training to tipped employees using a program provided by the D.C. Office of Human Rights (OHR) or training from an OHR-certified provider. New employees must complete the training in person or online within 90 days after hire, unless the employee has received the training within the previous two years. Employees hired before the training requirements become applicable have two years from the applicability date to take the training. Employers must submit certification documents to the OHR within 30 days of completion of all required training.
Business owners and operators must receive the training in person or online every two years. However, managers must receive the training in person every two years. Certifications of the completed training must be submitted to OHR within 30 days of completion.
Sexual Harassment Policy
Employers with tipped employees must create and distribute a sexual-harassment policy to such employees and post it in a conspicuous place by July 1, 2019. The policy must include directions on reporting sexual harassment to management and the OHR. Employers must also provide a copy of their sexual harassment policies to the OHR by July 1, 2019.
The Act requires employers to document instances of sexual harassment reported to management, beginning no later than the effective date of the Act. Further, employers must annually report the number of instances of reported sexual harassment to management and the number of reported harassers who were non-managerial employees, managerial employees, owners, or operators to the OHR. Reports to the OHR must begin no later than July 1, 2019.
Each employer must provide certification to the Department of Employment Services (DOES) that all training, documenting, and filing requirements have been fulfilled by December 31st of each year.