Wage Theft Prevention Hearing: Bill 21-120 & Bill 21-711

Councilmember Elissa Silverman, Chairperson of the Subcommittee on Workforce, announces a public hearing before the Subcommittee on Bill 21-120, the “Wage Theft Prevention Clarification and Overtime Fairness Amendment Act of 2015” and Bill 21-711, the “Wage Theft Prevention Revision Amendment Act of 2016.” The hearing will be held at 10:00 a.m. on Wednesday, October 26, 2016, in Room 412 of the John A. Wilson Building.

You can see the formal hearing notice here.

What do these bills do?

The purpose of Bill 21-120 is, among other things, to clarify that the Attorney General and certain membership organizations can bring civil enforcement actions in court, to revise criminal penalties for noncompliance, to remove the overtime exemption of parking lot and garage attendants from District overtime laws to maintain consistence with federal overtime law, to clarify language access requirements for notices provided by employers, to require overtime exempt employees to be paid at least once rather than at least twice a month, and to clarify the remedies and procedures available to those who claim employers are noncompliant with this legislation.

The purpose of Bill 21-711 is, among other things, to clarify that the Office of Administrative Hearings has jurisdiction over all administrative hearings in wage theft cases, to require all bona fide administrative, executive, and professional employees be paid at least once rather than at least twice a month, to revise criminal penalties for noncompliance, to clarify and amend business recordkeeping protocols and access, to amend the minimum wage law notice requirements, and to put lower limits on the amount of attorney fees that a prevailing plaintiff may be awarded.

How do I testify in-person?

Those who wish to testify before the Subcommittee are asked to contact Ms. Charnisa Royster at croyster@dccouncil.us or (202) 724-7772 by close of business Monday, October 24, 2016, to provide your name, address, telephone number, organizational affiliation and title (if any), as well as the language of oral interpretation, if any, they require.  Those wishing to testify are encouraged, but not required, to submit 15 copies of written testimony.  Those representing organizations will have five minutes to present their testimony, and individuals will have three minutes to present their testimony; less time will be allowed if there are a large number of witnesses.  A copy of the legislation can be obtained through the Legislative Services Division of the Secretary of the Council’s office or on http://lims.dccouncil.us.

If I can't attend the hearing, how do I submit my testimony?

If you are unable to testify at the hearing, written statements are encouraged and will be made a part of the official record.  Written statements should be submitted by email to Ms. Royster at croyster@dccouncil.us or mailed to the Subcommittee on Workforce, Council of the District of Columbia, Suite 408 of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004.  The record will close at 5:00 p.m. on October 31, 2016.