1. (a)

   1. (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. (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.

2. (b)

   1. (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. (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.

3. (c)

   1. (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:

      1. (A) For the first violation, a maximum fine of up to $500; and
      2. (B) For any subsequent violation, a maximum fine of up to $1,000.

   2. (2) No administrative penalty may be collected unless the Mayor provided a covered employer alleged to have violated this chapter:

      1. (A) Notification of the violation;
      2. (B) The amount of the administrative penalty that may be imposed; and
      3. (C) An opportunity to request a hearing.

History

Oct. 8, 2016, D.C. Law 21-157, § 8

Applicability

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.

Section 7016 of D.C. Law 22-33 repealed § 18 of D.C. Law 21-157.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.

Emergency Legislation

For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).