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86 The Sexual Harassment: DC Mandatory Training And Complaint Reporting For Tipped Workers

Writer's picture: Pavan KhoobchandaniPavan Khoobchandani

Updated: Jan 26, 2019



On October 23, 2018, DC enacted the Tipped Wage Workers Fairness Amendment Act of 2018. The law repealed the implementation of the controversial Initiative No. 77, which DC voters voted for and would have increased the minimum wage for tipped workers to $15 per hour.


Instead, the law requires a number of other protections for tipped workers, including the requirement that restaurants and other employers with tipped workers: 


  • Display a poster advising employees of their wage and hour rights and of a new educational website, as well as put the information in a binder.

  • Provide specified sexual-harassment #training to new employees within 90 days of hire, and provide manager training at least once every 2 years. 

  • Have, post, and distribute a sexual harassment policy. 

  • Document and report annually complaints of sexual harassment that are reported to the company's management. 

  • Starting in 2020, use a third-party payroll service to process payroll (except hotels) with specific information stated on paystubs. 

  • Be very clear on tipout policies (in writing).

What does this mean for restaurants? More paperwork, more training time, and more opportunities to inadvertently miss a part of the law or requirements. 


Some questions to ask yourself:


  • How am I going to track complaints about sexual harassment?

  • Should I implement an internal Ethics #Hotline?

  • When will employees do the required training (you have to pay them for it)? 

  • How will I keep my posters and policies up to date? 

Your takeaway: The requirements are not insurmountable - but it'd be best to think about them in advance, so you don't get dinged later. 


 




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