D.C. Code § 32-1051.07

Current through codified legislation effective October 30, 2024
Section 32-1051.07 - Penalties
(a)
(1) Except as provided in paragraph (2) of this subsection, a covered employer who willfully violates the posting requirements of § 32-1051.04 shall be assessed a civil penalty not to exceed $100 for each day that the covered employer fails to post the notice; provided, that the total penalty shall not exceed $500.
(2) No liability for failure to post the notice shall arise under this section if the Mayor has failed to provide the notice required by § 32-1051.04 to the covered employer.
(b)
(1) A covered employer who fails to comply with any of the requirements of this chapter, other than the posting requirements of section 5, shall be subject to a fine of not more than $5,000 for each violation for each day that the violation continues.
(2) For the purposes of this subsection, each violation of a covered employee's right provided by this chapter shall constitute a separate violation of this chapter.
(c)
(1) Except as provided in paragraph (2) of this subsection, the Mayor shall assess an administrative penalty against a covered employer for a violation of this chapter. In assessing the amount of the fine to be imposed pursuant to the following authorized penalties, the Mayor may consider factors the Mayor determines appropriate, including a covered employer's past history of violations of this chapter:
(A) For the first violation, a maximum fine of up to $500; and
(B) For any subsequent violation, a maximum fine of up to $1,000.
(2) No administrative penalty may be collected unless the Mayor provided a covered employer alleged to have violated this chapter:
(A) Notification of the violation;
(B) The amount of the administrative penalty that may be imposed; and
(C) An opportunity to request a hearing.

D.C. Code § 32-1051.07

Oct. 8, 2016, D.C. Law 21-157, § 8, 63 DCR 10739.

Applicability

Section 7016 of D.C. Law 22-33 repealed § 18 of D.C. Law 21-157. Therefore the changes made to this section by D.C. Law 21-157 have been implemented.

Applicability of D.C. Law 21-157: § 18 of D.C. Law 21-157 provided that the creation of this section by § 8 of D.C. Law 21-157 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.