EXPANDED WAGE TRANSPARENCY LAWS
Beginning June 30, 2024, the District of Columbia will have a stronger wage transparency law, which applies to employers of all sizes.
Screening and Salary Inquiries Prohibited
Under the amended law, employers won’t be allowed to screen job applicants based on their wage history, including by requiring that an applicant’s previous compensation fall between, above, or below certain minimums and maximums. Employers also can’t request or require that applicants provide their wage history as a condition of being interviewed or considered for employment. While this technically leaves the door open to asking about wage history as long as it’s not a required answer, we recommend avoiding these questions entirely. Employers also can’t seek an applicant’s wage history from their prior employer.
Wage history includes all information related to compensation from other employment, including (but not limited to) pay structure, bonus plans, benefits, paid time off, non-monetary perks, and salary increases.
Pay Ranges Required in Job Postings
Joining a handful of other states with pay posting requirements, employers in D.C. will have to provide a good faith estimate of the salary or hourly pay range they expect to pay for the position being advertised. The estimate must include a minimum and maximum. This applies to all job listings and position descriptions, including internal postings for promotions and transfers.
Healthcare Benefits Disclosure
Employers will need to inform applicants about healthcare benefits they’d be eligible for if hired, and this needs to be done prior to interviewing. Employers can—but are not required to—meet this obligation by putting the information in the job ad.
Notice to Employees
Employers will need to display a notice about employees’ rights under this law in a conspicuous location where employees congregate. D.C. has not yet made a template notice available, but employers that are eager to comply can print and post these in the workplace: pay disclosure and salary history.
Action Items
Ensure each job posting has a good faith estimate of the position’s pay range
Remove salary history questions from your job applications (or at least make them clearly optional)
Train hiring managers on what they can and cannot ask about as well as what they must disclose
Post the required notice
NEW VOTING LEAVE REGULATIONS
On May 10, 2024, D.C. published final regulations affecting the District’s voting leave law that took effect immediately.
The new regulations require employers to post the Time Off to Vote notice in a conspicuous location in the workplace at least 60 days before all scheduled elections (including special elections). For remote employees and those who don’t have access to a physical poster, the notice should be provided by any reasonable means (such as email), and employers need to collect a signed acknowledgment of receipt.
The regulations also clarify that employers can’t require employees to provide more than seven days’ notice to take voting leave unless an already existing policy requires more.
Action Item
Post the voting leave notice (which appears to be updated each year) at least 60 days before any scheduled election and provide notice to employees who don’t have access to a physical poster.