State Update Overview
| Date Updated | June 2023 |
| Labor Law Update | The District of Columbia Minimum Wage Law; EEOC “Know Your Rights” and DOL “Employee Rights Under the FLSA” Posters |
| What Changed | Increased minimum wage rates in DC; Newly enacted Pregnant Workers Fairness Act (PWFA) and Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) |
| Mandatory or Non-Mandatory | Mandatory |
| Updated Poster | District of Columbia Labor Law Poster |
The Government of the District of Columbia released a revised Minimum Wage poster including new minimum wage rates for 2023.
District of Columbia Minimum Wage Law Update
- Minimum wage for employees who do not receive gratuities increased to $17.00 per hour effective July 1, 2023.
- Minimum wage for employees who receive gratuities increased to $6.00 per hour effective May 1, 2023 and then to $8.00 per hour effective July 1, 2023.
Wage and Hour Exemptions
Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. District of Columbia labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.
Effective June 27, 2023, the new Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The federal Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” Poster to summarize the new law.
EEOC “Know Your Rights: Workplace Discrimination is Illegal” Poster Updates
- Illegal employment discrimination on the bases of sex includes childbirth.
- Illegal employment discrimination includes interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation.
- Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical condition can be considered discriminatory.
- Discriminatory employment practice can include conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation.
Effective April 28, 2023, the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) extends the right to receive break time to pump and a private place to pump at work to more nursing employees. The federal Department of Labor (DOL) revised its “Employee Rights Under the Fair Labor Standards Act” poster to include changes from the new law.
DOL “Employee Rights Under the Fair Labor Standards Act” Poster Updates
- The section titled Nursing Mothers has been changed to Pump at Work.
- The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
- The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements.
District of Columbia Labor Law Poster Updates
Covered employers within the District of Columbia are required by law to display the new “District of Columbia Minimum Wage Poster”, “Know Your Rights: Workplace Discrimination is Illegal”, and “Employee Rights Under the Fair Labor Standards Act” posters along with other local and federally mandated posting requirements where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our District of Columbia Labor Law Poster and require an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.
Order the District of Columbia & Federal Labor Law Posters to include these new required district and federal laws.
