Wage Payment Law Summaries

The District of Columbia's wage payment law is located in the District of Columbia Code Annotated at Title 32, Chapter 13. The full text of this law is available beginning at Wages-Hours 9-46,001 .

DEFINITIONS

"Employee" includes any person suffered or permitted to work by an employer, except any person employed in a bona fide executive, administrative, or professional capacity (Sec. 32-1301).

"Employer" includes every individual, partnership, firm, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, association, or corporation, employing any person in the District of Columbia; provided, that employer does not include the government of the United States, the government of the District of Columbia, or any agency of either of said governments, or any employer subject to the federal Railway Labor Act (Sec. 32-1301).

"Wages" mean monetary compensation after lawful deductions, owed by an employer for labor or services rendered, whether the amount is determined on a time, task, piece, commission, or other basis of calculation (Sec. 32-1301).

"Working day" means any day exclusive of Saturdays, Sundays, or legal holidays (Sec. 32-1301).

COVERAGE

The District of Columbia's wage payment law covers every individual, partnership, firm, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, association, or corporation, employing any person in the District of Columbia (Sec. 32-1301).

EXCEPTIONS

The District of Columbia's wage payment law does not cover the government of the United States, the government of the District of Columbia, or any agency of either of said governments, or any employer subject to the federal Railway Labor Act. Also, persons employed in bona fide executive, administrative, or professional capacities are not covered (Sec. 32-1301).

WHAT THE EMPLOYER MUST DO

Form of payment. --Wages must be paid in lawful money of the United States, or checks on banks payable upon demand by the bank upon which drawn (Sec. 36-102).

Frequency of payment. --Every employer must pay all wages earned to its 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. Where, by contract or custom, an employer has paid wages at least once each calendar month, it may lawfully continue to do so (Sec. 36-102).

Payment upon discharge. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, whenever an employer discharges an employee, the employer must pay the employee's wages earned not later than the working day following such discharge; provided, however, that in the instance of an employee who is responsible for monies belonging to the employer, the employer is allowed a period of four days from the date of discharge or resignation for the determination of the accuracy of the employee's accounts, at the end of which time all wages earned by the employee must be paid (Sec. 32-1303).

Payment when employee quits. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, whenever an employee (not having a written contract of employment for a period in excess of 30 days) quits or resigns, the employer must pay the employee's wages due upon the next regular payday or within seven days from the date of quitting or resigning, whichever is earlier (Sec. 32-1303).

Dispute over wages. --In case of a bona fide dispute concerning the amount of wages due, the employer must give written notice to the employee of the amount of wages that it concedes to be due, and must pay such amount, without condition, within the time required by the District's wage payment law. Acceptance by the employee of any such payment does not constitute a release as to the balance of his or her claim (Sec. 36-104).

Payment of strikers. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, when work of an employee is suspended as a result of a labor dispute, the employer must pay to such employee not later than the next regular payday wages earned at the time of suspension (Sec. 32-1303).

Wage statements. --Every employer must furnish to each employee at the time of payment of wages an itemized statement showing the date of the wage payment, gross wages paid (showing separately the earnings for overtime and nonovertime hours worked), an itemization of allowances and deductions from and additions to wages, net wages paid and hours worked during the pay period. For an employee who is paid commissions, the itemized statement must also show separately the amount of commissions and the amount of noncommission straight-time earnings (DC MunRegs, Sec. 912.1).

NOTICE

Dispute over wages. --In case of a bona fide dispute concerning the amount of wages due, the employer must give written notice to the employee of the amount of wages that it concedes to be due (Sec. 36-104).

Deadlines: Frequency of payment. --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 (Sec. 36-102).

Payment upon discharge. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, whenever an employer discharges an employee, the employer must pay the employee's wages earned not later than the working day following such discharge; provided, however, that in the instance of an employee who is responsible for monies belonging to the employer, the employer is allowed a period of four days from the date of discharge or resignation for the determination of the accuracy of the employee's accounts, at the end of which time all wages earned by the employee must be paid (Sec. 32-1303).

Payment when employee quits. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, whenever an employee (not having a written contract of employment for a period in excess of 30 days) quits or resigns, the employer must pay the employee's wages due upon the next regular payday or within seven days from the date of quitting or resigning, whichever is earlier (Sec. 32-1303).

Payment of strikers. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, when work of an employee is suspended as a result of a labor dispute, the employer must pay to such employee not later than the next regular payday wages earned at the time of suspension (Sec. 32-1303).

ENFORCEMENT

The Mayor of the District enforces the wage payment law (Sec. 36-106).

Any employer who fails to pay the wages required by law must pay to the Office of Wage-Hour, Department of Employment Services, an amount equal to the unpaid wages (DC MunRegs, Sec. 914.1).

Action by an employee to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action for and on behalf of all employees similarly situated (Sec. 36-108).

WHO TO CONTACT

Contact the Mayor of the District of Columbia at the following address: Office of the Mayor, One Judiciary Square, 441 4th Street, NW, Washington, DC 20001. Telephone: (202)727-1000; Fax: (202)727-2975.

PENALTIES

Any employer who, having the ability to pay, willfully violates any provisions of the District's wage payment law is guilty of a misdemeanor and, upon conviction, will for the first offense be punished by a fine of not more than $300, or by imprisonment of not more than 30 days, or in the discretion of the court, by both such fine and imprisonment. For any subsequent offense, an employer will be punished by a fine of not more than $1,000 or by imprisonment of not more than 90 days, or in the discretion of the court, by both such fine and imprisonment (Sec. 36-107).

Discharge. --Unless otherwise specified in a collective agreement between an employer and a bona fide union representing its employees, if an employer fails to pay an employee wages earned upon separation or suspension from employment, such employer must pay, or be additionally liable to, the employee, as liquidated damages, 10 percent of the unpaid wages for each working day during which such failure continues after the day upon which payment is required, or an amount equal to the unpaid wages, whichever is smaller (Sec. 32-1303).

This is a summary of Wage Payment Laws in the District of Columbia.