The TWWF’s First Policy Deadline is September 30th

As we gear up for another referendum on the Tipped Minimum Wage (Initiative 82), it’s important to remind our clients of an important law that passed after the last referendum in 2018.   

From the DC Office of Human Rights:

"The Tipped Wage Workers Fairness Amendment Act (TWWF) requires District employers who hire individuals earning tips as wages to inform their employees about their rights and benefits.”

Compliance with notice requirements has largely centered around the posting of Employee Rights in the District of Columbia posters in areas accessible to all employees so it’s important to ensure that these posters are updated yearly.

In addition to the posting requirements, after the passage of the TWWF, Washington DC businesses that employ tipped employees must have a written sexual harassment policy that describes how to file a sexual harassment complaint. This policy must be distributed to all employees and be posted publicly.

Restaurants that employ tipped employees must file their policy with the DC Office of Human Rights and certify that staff have received the harassment policy. Additionally, the number of sexual harassment complaints must be reported t0 DC on a yearly basis. The first deadline for 2020 and 2021 reporting  is September 30th, 2022.

The certification form can be found here as well as information on how to report a violation. Note that the form asks you to upload your current sexual harassment policy.

We urge all our clients operating in Washington, DC to make sure they have a compliant policy self-certified with the DC Office of Human Rights. Worth tracking is that the TWWF also requires mandatory sexual harassment training, but this requirement hasn’t been currently implemented.   

As your trusted advisors we’re happy to make referrals to labor lawyers who can assist you in drafting a policy and setting up a harassment response protocol if you find it necessary.

TL,DR:

• Make sure you have compliant posters hanging in a conspicuous place.

• Make sure you have a written sexual harassment policy outlining standards and reporting processes that’s distributed to all employees.

• By September 30th, fill out this form with your policy attached and report any incidents of sexual harassement in the last two years.

• Be on the look-out for forthcoming training requirements.

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