To protect the rights and wages of restaurant workers in DC, Attorney General Schwalb has released a business advisory detailing the obligations of District restaurants. As quoted from the DC Attorney General's Office, Schwalb states, "This guidance advances my Office’s commitment to ensuring that restaurant workers are treated fairly and receive all the wages they earn and the benefits they are entitled to under DC law, and that all restaurants compete on a level playing field."
The advisory comes as a response to the significant role restaurant employees play in DC's economy, with Shawn Townsend, President of the Restaurant Association of Metropolitan Washington, highlighting the importance of clear legal guidelines. Townsend told the Office of the Attorney General, "We appreciate the Office of the Attorney General’s effort to provide clear, accessible guidance on complex employment laws, so owners and managers can focus on doing what they do best — serving their guests, supporting their employees, and strengthening their neighborhoods." Despite the intended clarity, some restaurant owners explained the complexity of the guidelines while navigating the vibrant culture that DC's restaurants are known for.
Central to the advisory are requirements on wages and hours, mandating that hourly employees must earn at least the District’s minimum hourly wage of $17.95 as of July 1, as well as overtime pay for hours worked over 40 in a week. Additional stipulations involve regular payday schedules, detailed pay stubs for employees, and appropriate tax withholdings. Misclassification of workers as independent contractors, when they meet the legal definition of an employee, is noted as unlawful, with penalties detailed for such wage and hour violations.
Furthermore, the advisory specifies paid sick leave accrual for employees at different rates depending on the size of the business. Employers also cannot retaliate against employees for using paid sick leave. To assist businesses with navigating these laws, the advisory suggests contacting the DC Bar Pro Bono Center Nonprofit & Small Business Legal Assistance Programs, which provides resources for restaurant owners and managers in need of guidance.
