§ 32-1307 — Penalties.

(1) An employer who negligently fails to comply with the provisions of this chapter or the Living Wage Act shall be guilty of a misdemeanor and, upon conviction, shall be fined:

(A) For the first offense, an amount per affected employee of not more than $2,500; and

(B) For any subsequent offense, an amount per affected employee of not more than $5,000.

(2) An employer who willfully fails to comply with the provisions of this chapter or the Living Wage Act shall be guilty of a misdemeanor and, upon conviction, shall:

(A) For the first offense, be fined not more than $5,000 per affected employee, or imprisoned not more than 30 days; or

(B) For any subsequent offense, be fined not more than $10,000 per affected employee, or imprisoned not more than 90 days.

(3) The fines set forth in paragraphs (1) and (2) of this subsection shall not be limited by § 22-3571.01 .

(1) In addition to and apart from any other penalties or remedies provided for in this chapter or the Living Wage Act, the Mayor shall assess and collect administrative penalties as follows:

(A) For the first offense, $50 for each employee or person whose rights under this chapter or the Living Wage Act are violated for each day that the violation occurred or continued; or

(B) For any subsequent offense, $100 for each employee or person whose rights under this chapter or the Living Wage Act are violated for each day that the violation occurred or continued.

(2) In addition to the administrative penalties set forth in paragraph (1) of this subsection, the Mayor shall collect administrative penalties in the amounts set forth below for the following violations:

(A) Five hundred dollars for failure to provide notice of investigation to employees as required by § 32-1308.01(c)(2) ; and

(B) Five hundred dollars for failure to post notice of violations to the public, as required by § 32-1308.01(h)(2) .

(3) This subsection shall not be construed to affect the Sick and Safe Leave Act or the Minimum Wage Revision Act.

(c) No administrative penalty may be collected unless the Mayor has provided any person alleged to have violated any of the provisions of this section notification of the violation, notification of the amount of the administrative penalty to be imposed, and an opportunity to request a formal hearing held pursuant to Chapter 5 of Title 2 [ § 2-501 et seq.] and § 32-1308.01 . If a formal hearing is requested pursuant to § 32-1308.01(e) , the Mayor shall issue a final order following the hearing, containing a finding that a violation has or has not occurred. If a hearing is not requested, the person to whom notification of violation was provided shall transmit to the Mayor the amount of the penalty within 15 days following notification.

(d) The fines set forth in this section shall not be limited by § 22-3571.01 .

Legislative History

Aug. 3, 1956, 70 Stat. 978, ch. 924, § 7; Apr. 3, 2001, D.C. Law 13-245, § 3, 48 DCR 647; June 11, 2013, D.C. Law 19-317, § 112(e), 60 DCR 2064; Feb. 26, 2015, D.C. Law 20-157, § 2(e), 61 DCR 10157