District of Columbia Labor Law Guide
Minimum Wage
$17
Overtime Wage
$1.5x Regular Wages
Meal Breaks
Not mandated
Rest Breaks
Paid if 20 minutes or less
The minimum wage in D.C is $17 per hour as on July 1, 2023 for all workers, regardless of the size of the employer.
The minimum wage in Tucson will be $14.35 an hour in 2024. In Flagstaff, the minimum wage is $17.40 per hour.
The minimum wage in Arizona will continue to rise each year based on the increase in the cost of living index.
overtime rules in the District of Columbia (D.C.) generally follow federal regulations outlined in the Fair Labor Standards Act (FLSA). Here are key points related to overtime rules in D.C.:
Non-exempt employees in D.C. are entitled to overtime pay for hours worked over 40 hours in a workweek. Overtime pay must be at a rate of at least 1.5 times the employee’s regular rate of pay.
Employers in D.C. may implement alternative workweek schedules, such as compressed workweeks, but they must ensure that employees receive the appropriate overtime pay for hours worked beyond 40 in a workweek.
In certain circumstances, private employers in D.C. may provide compensatory time off instead of overtime pay, but this must be agreed upon in writing between the employer and the employee.
District of Columbia (D.C.) does not have specific state laws that mandate meal or rest breaks for adult employees. In the absence of state-specific regulations, D.C. follows federal labor laws, and the Fair Labor Standards Act (FLSA) does not require employers to provide meal or rest breaks for adult employees.
Meal breaks are unpaid if the employee is completely relieved of duties during the break. Otherwise, employees are entitled to pay during the meal break.
The FLSA does not require employers to give rest breaks to adult employees. If employers choose to give short rest breaks, they must pay the employees for the time.
Employers in D.C. still need to comply with any collective bargaining agreements, employment contracts, or industry-specific regulations that may require breaks.
Businesses that employ young workers must comply with the federal child labor laws which require breaks for young workers.
District of Columbia has its own laws that regulate paid leave and time off for employees. Important aspects of the laws that govern paid leave and time off in D.C. are:
- The District of Columbia has implemented a Paid Family Leave program, providing eligible employees with partial wage replacement for up to eight weeks for qualifying family and medical reasons. Covered reasons include the birth or adoption of a child, the care of a family member with a serious health condition, or the employee’s own serious health condition.
- Paid Sick Leave: D.C. has provisions allowing employees who are federal employees and residents of the district to access paid family leave benefits if they meet certain eligibility criteria.
- Accrual of Paid Leave: Employees in D.C. may accrue paid leave over time, which can be used for various purposes, including sick leave or other personal reasons. The accrual rate and usage policies may vary by employer.
- Sick and Safe Leave Act: D.C. has the Accrued Sick and Safe Leave Act, which requires employers to provide paid leave for employees to address their own or their family members’ health needs or to address domestic violence or sexual abuse issues.
- Collective Bargaining Agreements: For employees covered by collective bargaining agreements, the terms related to paid leave and time off may be outlined in the agreement.
The classification of employees as exempt or non-exempt in D.C. is based on the Fair Labor Standards Act (FLSA).
Exempt Employees:
- Salary Basis Test: Exempt employees are typically paid on a salary basis, meaning they receive a fixed salary that is not subject to reduction based on the quality or quantity of work performed.
- Salary Level Test: Exempt employees must earn a minimum salary to qualify for exemption. The minimum salary for exemption is $684 per week.
- Duties Test: Exempt employees must perform specific job duties that fall into one of the FLSA’s exempt categories, such as executive, administrative, professional, or certain computer-related duties.
Non-Exempt Employees:
- Hourly Pay: Non-exempt employees are typically paid on an hourly basis and are entitled to overtime pay for hours worked beyond 40 hours in a workweek.
- Overtime Pay: Overtime pay for non-exempt employees is generally calculated at 1.5 times their regular rate of pay for each hour worked beyond 40 hours in a workweek.
District of Columbia has enacted the District of Columbia Equal Pay Act (DCEPA) to address wage discrimination and promote pay equity. The goal of DCEPA is to ensure that employees receive equal pay for equal work. It prohibits wage discrimination based on gender.
- Equitable Work: The DCEPA prohibits employers from paying employees of different genders differently for substantially similar work. This includes not only salary or hourly wage differences but also differences in other forms of compensation, including benefits.
- Employers may only pay different wages for substantially similar work if the differential is based on a bona fide factor other than gender. Bona fide factors may include education, training, experience, or other job-related factors.
- In addition to the EPA and DCEPA, employers must also adhere to Title VII of the Civil Rights Act of 1964 that prohibits discrimination based on race, color, religion, and national origin.
- Protection against Retaliation: The DCEPA includes provisions protecting employees from retaliation for asserting their rights under the Act. Employers are prohibited from taking adverse employment actions against employees who exercise their rights under the DCEPA.
- Record-Keeping Requirements: Employers are required to maintain records of job classifications and wage rates for a period of up to three years. These records may be subject to inspection by the District of Columbia Department of Employment Services.
- Expanded Protections: The DCEPA covers a broad range of protected characteristics beyond gender, including race, color, religion, national origin, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, genetic information, disability, matriculation, or political affiliation.
In the District of Columbia (D.C.), employers must adhere to various federal and local regulations when hiring and firing employees.
- Employment-At-Will: D.C. follows the employment-at-will doctrine. It allows employers to terminate employees with or without cause, and employees can resign from their positions at any time. However, there are exceptions, such as when termination is based on discriminatory or retaliatory reasons.
- Anti-Discrimination Laws: Employers in D.C. must comply with the D.C. Human Rights Act, which prohibits discrimination based on protected characteristics such as race, color, religion, national origin, sex, age, disability, and marital status. Employers should ensure that hiring practices are non-discriminatory.
- Background Checks: Employers conducting background checks must comply with federal and local laws. D.C. has restrictions on the use of criminal background information in employment decisions, and employers must consider factors such as relevance to the job and time elapsed since the conviction.
- Work Eligibility Verification: Employers in D.C. must comply with federal immigration laws and verify the work eligibility of employees by completing Form I-9.
- Final Paychecks: Employers are generally required to provide employees with their final paychecks promptly upon termination.
- Unemployment Benefits: Employees terminated through no fault of their own may be eligible for unemployment benefits, and employers must comply with requirements related to unemployment insurance.
- WARN Act: The federal Worker Adjustment and Retraining Notification (WARN) Act may apply to employers with 100 or more employees, requiring them to provide advance notice of plant closings or mass layoffs.
It is important for employers to remain well-informed about changes in employment laws and to seek guidance from legal professionals to ensure compliance with the latest regulations. It’s advisable to establish clear and meticulously documented employment policies and procedures to aid employers in complying with the labor laws.
