Chapter 14A. Wage Transparency.

§ 32–1451. Definitions.

For the purposes of this chapter, the term:

(1) "Compensation" means all forms of monetary and nonmonetary benefits an employer provides or promises to provide an employee in exchange for the employee's services to the employer.

(1A) "Employee" means an individual employed by an employer.

(2) "Employer" means an individual, firm, association, or corporation that employs at least one employee in the District, except that the term "employer" does not include the:

(A) District government; or

(B) Federal government.

(3) Repealed.

(4) "Wage history" means information related to compensation an employee has received from other or previous employment.

§ 32–1452. Prohibited actions of employer.

An employer shall not:

(1) Require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees compensation or the compensation of another employee;

(2) Discharge, discipline, interfere with, negatively affect the terms and conditions of employment, or otherwise retaliate against an employee who inquires about, discloses, compares, or otherwise discusses the employee’s compensation or the compensation of another employee or is believed by the employer to have done so;

(3) Prohibit or attempt to prohibit an employee from lodging a complaint, or testifying, assisting, or participating in an investigation or proceeding, related to a violation of this chapter;

(4) Screen prospective employees based on their wage history, including by requiring that a prospective employee's wage history satisfy minimum or maximum criteria or by requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that a prospective employee disclose the prospective employee's wage history; or

(5) Seek the wage history of a prospective employee from a person who previously employed the individual.

§ 32–1453. Exceptions.

(a) An employer may prohibit an employee with regular access to information regarding the compensation of other employees in the course of the employees work, such as a human resources employee, from sharing such information, unless the disclosure is in furtherance of or response to an investigation, action, or hearing, or there is a legal obligation for the employer to furnish the information.

(b) Nothing in this chapter shall require:

(1) An employer to disclose the compensation of an employee in response to an inquiry by another employee; or

(2) An employee to disclose his or her compensation in response to an inquiry by another employee.

§ 32–1453.01. Employer disclosures.

(a) An employer shall:

(1) Provide the minimum and maximum projected salary or hourly pay in all job listings and position descriptions advertised. In stating the minimum and maximum salary or hourly pay for the position, the range shall extend from the lowest to the highest salary or hourly pay that the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion, or transfer opportunity;

(2) Disclose to prospective employees the existence of healthcare benefits that employees may receive before the first interview.

(b) Should an employer not provide disclosures required pursuant to subsection (a) of this section, a prospective employee may inquire about such disclosures.

§ 32–1453.02. Notice.

An employer shall post a notice in its workplace notifying employees of their rights under this chapter. The notice shall be posted in a conspicuous place in at least one location where employees congregate.

§ 32–1454. Provisions of law may not be waived.

No provision of this chapter shall in any way be contravened or set aside by private agreement.

§ 32–1455. Enforcement.

(a) If an employer fails to comply with the provisions of this chapter, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation.

(b) Adjudication for a violation of this chapter, in accordance with subsection (a) of this section, shall be pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.].

(b-1)(1) The Attorney General shall have the power to investigate whether violations of this chapter have occurred, to administer oaths and examine witnesses under oath, to issue subpoenas, to compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in connection with any such investigation.

(2) The Attorney General, acting in the public interest, including the need to deter future violations, may bring a civil action in a court of competent jurisdiction against an employer or other person violating this chapter for restitution or for injunctive, compensatory, or other authorized relief for any individual or for the public at large. Upon prevailing in court, the Attorney General shall be entitled to:

(A) Reasonable attorneys' fees and costs; and

(B) Statutory penalties equal to any administrative penalties provided by law.

(3) A person to whom a subpoena authorized by this subsection has been issued shall have the opportunity to move to quash or modify the subpoena in the Superior Court of the District of Columbia. In case of failure of a person to comply with any subpoena lawfully issued under this subsection, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or any judge thereof, upon application by the Attorney General, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify therein.

§ 32–1456. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.

§ 32–1457. Applicability.

This chapter shall not apply to an employment contract entered into before March 11, 2015; provided, that upon renewal of such a contract, this chapter shall apply.