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D.C. Wage Theft Enforcement, Notice Required

Effective February 26, 2015, D.C. is tightening the reins on wage and hour violations – and giving workers an easier path to file complaints.

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D.C. employers: now’s a good time to make sure your operations in the District are recording employee wage and hour information correctly and paying the right amount based on accurate employee classifications.

The Wage Theft Prevention Amendment Act of 2014 (WTPAA) amended DC’s wage and hour laws, which include the Minimum Wage Act Revision Act, the Living Wage Act, the Wage Payment and Wage Collection Law, and the Accrued Sick and Safe Leave Act. According to the DC Department of Employment Services (DOES), the purpose of the WTPAA is to:

“…the Act increases penalties for employers who commit wage-hour violations; provides anti-retaliation protections for workers who hold employers accountable for failing to pay wages owed; establishes a formal hearing process with enforceable judgments; and provides for better access to legal representation for victims of wage payment violations, while making it easier for workers to collect awards from businesses who fail to pay, either in whole or in part, an employee’s regular wages.”

D.C. Wage Theft Enforcement and Violations

D.C. isn’t kidding around with the passage of WTPAA in September 2014. Just a sample of the changes in the amendment include:

  • All Employers: Employers who fail to comply can be fined $1,000 for the first offense and then ranging upwards to $5,000, 90 days in jail, and triple the wages owed to affected employees.
  • Contractors/Subcontractors: A Subcontractor and the general contractor shall be jointly and severally liable to the subcontractor’s employees for violations of this act, the Living Wage Act, and the Sick and Safe Leave Act.
  • Temporary Staffing Firms: When a temporary staffing firm employs an employee who performs work on behalf of or to the benefit of another employer pursuant to a temporary staffing arrangement or contract for services, both the temporary staffing firm and the employer shall be jointly and severally liable for violations of this act, the Living Wage Act, and the Sick and Safe Leave Act to the employee and to the District.

D.C. Wage Theft Prevention Notice Requirements

D.C. employers must: provide required WTPAA information to new employees; provide all current employees with the required information by May 27, 2015; and retain copies of the written notice furnished to employees that are signed and dated by the employer and by the employee acknowledging receipt of the notice.

The notice to employees must include the following information:

  • Telephone number of the employer
  • Physical address of the employer’s main office or principal place of business, and a mailing address if different
  • Name employer and business name
  • Employee’s rate of pay and the basis of that rate, including:
    • Rate by the hour, shift, day, or week (whichever is applicable)
    • Salary, Piece Rate, or commission (whichever is applicable)
  • Any allowances claimed as part of the minimum wage, including tip, meal, or lodging allowances
  • Overtime rate of pay or exemptions from overtime pay
  • Living wage or exemptions from the living wage
  • Any applicable prevailing wages
  • Regular pay day designated by the employer

D.C. Wage Theft Prevention Workplace Posting

The GovDocs Research Department confirmed with the D.C. DOES that employers must display the notice with other required postings. The WTPAA and other postings required for D.C. businesses are included in the GovDocs D.C. Posting Compliance Package and include:

  • Wage Theft Prevention Act
  • Workers’ Compensation
  • Minimum Wage
  • Human Rights Law (Equal Employment Opportunity)
  • Public Accommodations
  • Unemployment Insurance
  • Child Labor Law
  • No Smoking
  • Accrued Sick and Safe Leave Act of 2008
  • The Right to Breastfeed

GovDocs blog subscribers can take an additional 20% off by using coupon code BLOG20.

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McDonald’s Minimum Wage

McDonald’s Employees’ Happy Meals Just Got Happier with Minimum Wage Boost for Corporate-Owned Locations.

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90,000 Mickey D crew members will be “loving it” even more beginning July 1, 2015, when McDonald’s corporate-owned restaurants serve up pay increases amounting to one dollar per hour more than local minimum wage rates.

McDonald’s workers at corporate-owned restaurants in California, for example, would earn $10 per hour, which is a dollar more than the California state minimum wage of $9.00 per hour.

(Hopefully McDonald’s Corporate HR will download the GovDocs 2015 Minimum Wage Report to help them track minimum wage rates.)

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McDonald’s anticipates that by 2016 the average hourly wage rate for McDonald’s employees at company-owned restaurants will exceed $10. Currently, the median pay rate for McDonald’s food preparers and cashiers is $8.13 per hour.

The company operates only 10 percent of the McDonald’s restaurants in the U.S. Franchisees operate the remaining 3,100 restaurants, which means 640,000 McDonald’s crew members are wishing they worked at a corporate-owned restaurant.

The move caught some franchisees off-guard, and they may follow the McDonald’s corporate example and cough up wage increases.

McDonald’s Wage and Benefits

Minimum wage isn’t the only super-sizing McDonald’s employees at corporate-owned restaurants will experience. The company also announced paid time off for both full-time and part-time workers. After one year of service, employees will accrue paid time off and be compensated for any unused portion of that time.

Additionally the company is developing a tuition assistance program available to all employees at both company-owned and franchised restaurants.

McDonald’s joins a growing list of employers including Target and Walmart who are voluntarily increasing wage and benefits. See a list of other employers who have voluntarily increased their minimum wages.

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Santa Fe Minimum Wage 2015 Increase

March 1, 2015 saw an 18-cent increase to the Santa Fe minimum wage to new rate of $10.84 per hour.

The City of Santa Fe increased the citywide minimum wage rate to $10.84 per hour, which represents a 1.7 percent increase over the previous rate of $10.66. The increase is part of the City’s cost-of-living adjustment based on the Consumer Price Index (CPI).

The Santa Fe minimum wage is also a living wage in that it requires entities providing service to the City or receiving economic benefit from the City to pay the minimum wage.

Read more: What’s the Difference Between Minimum Wage, Prevailing Wage, and Living Wage?

Which Santa Fe Businesses Must Pay the Santa Fe Minimum Wage?

Santa Fe City Living Wage Ordinance (§28-1 28-1.12 SFCC 1987) established a citywide minimum wage in 2004 for the following employers:

  • Businesses with City-administered business licenses or registrations.
  • Contractors providing services to the City.
  • City government.
  • Businesses receiving City economic development assistance of more than $25,000.
  • Nonprofit organizations, except for those whose primary source of funds is from Medicaid waivers.

Beginning in 2009, the City indexed the minimum wage to account for inflation. The rate is adjusted annually if the CPI increases the cost of living.

Santa Fe Minimum Wage for Tipped Workers

Santa Fe workers who receive more than $100 per month in tips or commissions will credit their tips toward meeting the minimum wage.

Santa Fe City Minimum Wage Postings

All employers are required to display the Santa Fe minimum wage posting in both English and Spanish. Both postings are included in the GovDocs Santa Fe City Posting Compliance Package. Order now and save 20% when using coupon code BLOG20.

Hawaii Releases Revised Minimum Wage Posting

Hawaii released the revised Wage and Hour Laws notice required for all Hawaii employers. The posting reflects the Bill (SB 2609) that Governor Neil Abercrombie signed into law increasing the minimum wage rate in phases to $10.10 by 2018. The final measure also increases the tip credit to 50 cents per hour beginning January 1, 2015, and 75 cents per hour beginning on January 1, 2016.

Hawaii Minimum Wage Increase in Phases (January 1 of each year)

  • 2015: $7.75
  • 2016: $8.50
  • 2017: $9.25
  • 2018: $10.10

Hawaii’s minimum wage had stagnated at $7.25 per hour since 2007. At that level, Hawaii’s minimum wage workers who work full time would earn $15,080 per year. Raising the minimum wage to $10.10 will give minimum wage workers a $6,000 per year income boost.

Required Posters for Hawaii Workplaces

The revised Hawaii minimum wage notice is included on the GovDocs Hawaii State-on-One poster, Hawaii Combined poster, and in PDF format – along with other postings required for employers in Hawaii. See Required Hawaii Workplace Postings Here.

And if you’ve ever fantasized about moving to Hawaii, could you survive there on the new minimum wage rate? Check out our post on whether you could survive in Hawaii on the new minimum wage rate (or just live on a beach).

 


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