§ 32-1308 — Civil actions.

District of Columbia § 32-1308

• Jurisdiction: District of Columbia
• Title 32: Labor.
• Ch. 13: Wages and Workplace Fraud.
• Subch. I: Payment and Collection of Wages.

Text

(A) Subject to subparagraph (B) of this paragraph, a person aggrieved by a violation of this chapter , the Minimum Wage Revision Act , the Sick and Safe Leave Act , or the Living Wage Act may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter , the Minimum Wage Revision Act , the Sick and Safe Leave Act , or the Living Wage Act and, upon prevailing, shall be awarded reasonable attorneys' fees and costs and entitled to relief including:

(i) The payment of any back wages unlawfully withheld;

(ii) Liquidated damages equal to treble the amount of unpaid wages;

(iii) Statutory penalties; and

(iv) Such legal or equitable relief as may be appropriate, including reinstatement of employment, and other injunctive relief.

(B) No person in any action brought pursuant to this section shall be awarded any amount already recovered by an employee.

(C) Actions may be maintained by one or more employees, who may designate an agent or representative to maintain the action for themselves, or on behalf of all employees similarly situated as follows:

(i) Individually by an aggrieved person;

(ii) Jointly by one or more aggrieved persons;

(iii) Consistent with the collective action procedures of the Fair Labor Standards Act, 29 U.S.C. § 216(b);

(iv) As a class action;

(v) Initially as a collective action pursuant to the procedures of the Fair Labor Standards Act, 29 U.S.C. § 216(b), and subsequently as a class action;

(vi) By a labor organization or association of employees whose member is aggrieved by a violation of this chapter , the Minimum Wage Revision Act , the Sick and Safe Leave Act , or the Living Wage Act ; or

(vii) By the Attorney General for the District of Columbia, pursuant to § 32-1306 .

(2) For the purposes of this subsection, 2 or more employees are similarly situated if they:

(A) Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period;

(B) Allege one or more violations that raise similar questions as to liability; and

(C) Seek similar forms of relief.

(3) Employees shall not be considered dissimilar under this subsection solely because their:

(A) Claims seek damages that differ in amount; or

(B) Job titles or other means of classifying employees differ in ways that are unrelated to their claims.

(1) The court, in any action brought under this section shall, in addition to any judgment awarded to the prevailing plaintiff or plaintiffs, allow costs of the action, including costs or fees of any nature, and reasonable attorney’s fees, to be paid by the defendant. In any judgment in favor of any employee under this section, and in any proceeding to enforce such a judgment, the court shall award to each attorney for the employee an additional judgment for costs, including attorney’s fees computed pursuant to the matrix approved in Salazar v. District of Columbia , 123 F.Supp.2d 8 (D.D.C. 2000), and updated to account for the current market hourly rates for attorney’s services. The court shall use the rates in effect at the time the determination is made.

(2) If the fees remain unpaid to the attorney at the time of any subsequent review, supplementation, or reconsideration of the fee award, the court shall update the award to reflect the hours actually expended and the market rates in effect at that time. No reduction shall be made from this rate, or from the hours actually expended, except upon clear and convincing evidence that the reduction will serve the remedial purposes of this law. Any court reviewing such a reduction shall review it de novo .

(3) Costs shall also include expert witness fees, depositions fees, witness fees, juror fees, filing fees, certification fees, the costs of collecting and presenting evidence, and any other costs incurred in connection with obtaining, preserving, or enforcing the judgment or administrative order.

(4) The District shall not be required to pay the filing fee or other costs or fees of any nature or to file bond or other security of any nature in connection with any action or proceeding under this section.

(1) Any action commenced in a court of competent jurisdiction on or after February 26, 2015, to enforce any cause of action for unpaid wages or liquidated damages under this chapter, the Minimum Wage Revision Act, the Sick and Safe Leave Act, or the Living Wage Act, or any regulation issued pursuant to this chapter, the Minimum Wage Revision Act, the Sick and Safe Leave Act, or the Living Wage Act, must be commenced within 3 years after the cause of action accrued, or of the last occurrence if the violation is continuous, or the cause of action shall be forever barred.

(2) This period is tolled:

(A) From the date the employee files an administrative complaint with the Mayor until the Mayor notifies the employee in writing that the administrative complaint has been resolved or until the administrative complaint is withdrawn by the employee, whichever is sooner; or

(B) During any period that the employer fails to provide the complainant with actual or constructive notice of the employee’s rights.

Legislative History

Aug. 3, 1956, 70 Stat. 978, ch. 924, § 8; Feb. 26, 2015, D.C. Law 20-157, § 2(g), 61 DCR 10157