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If you have a D.C. restaurant and take a tip credit for an employee, you must submit your annual compliance documents to D.C.’s Office of Human Rights (“DCOHR”) by May 31, 2024. We’re here to assist employers with meeting this annual requirement and prepared a quick overview to help guide you through the process.

The District of Columbia’s Tipped Wage Workers Fairness Amendment Act (the “Act”) requires D.C. employers that employ a tip credit for any employee in the District to (1) submit a copy of and information about their sexual harassment policy to DCOHR; (2) submit reports containing the number of instances of sexual harassment complaints to DCOHR; and (3) provide sexual harassment and wage and hour training to all organization employees, managers, owners or operators who work or oversee operations in the District.

1. Submission of Sexual Harassment Policy:

To comply, employers must:

• Have a sexual harassment policy outlining how employees can report instances of sexual harassment to management and DCOHR;
• Distribute their sexual harassment policy to all employees and post it in a conspicuous place accessible to all employees; and
• File the sexual harassment policy with DCOHR.

Employers can submit their sexual harassment policies via the portal on DCOHR’s website by clicking here.

2. Report the Number of Sexual Harassment Complaints:

To comply, employers must submit a compliance report to DCOHR detailing:

• The number of instances of sexual harassment reported to management; and
• The total number of alleged harassers who were:
  1. non-managerial employees,
  2. managerial employees;
  3. owners; or
  4. operators.

Employers can file this compliance report via the portal on DCOHR’s website by clicking here.

3. Sexual Harassment and Wage and Hour Training:

DCOHR published the following table which details the training requirements for managers, owners and operators, current employees and new employees:

DCOHR requires the training course to be conducted by a DCOHR-certified trainer and cover how to respond to, intervene in and prevent sexual harassment by co-workers, management and patrons. The list of current DCOHR-certified trainers can be accessed on DCOHR’s website, or by clicking here.

If you have any questions about this alert, we encourage you to connect with your Shulman Rogers contact for solutions and recommendations.