Compliance Watch:

What are my rights as a salaried employee in the District of Columbia?

In the District of Columbia, a salaried employee is an individual who routinely receives a fixed compensation from their employer. Employers of salaried employees are mandated to remunerate their salaried staff on a weekly, biweekly, or monthly schedule, irrespective of the number of hours they work each week.

The classification of salaried employment in the District of Columbia depends on overtime eligibility. Some salaried employees are exempt from receiving overtime pay. These employees include roles such as professionals, executives, and administrative personnel. These individuals are not entitled to overtime pay and receive the same compensation, even if their weekly hours worked exceed 40. Conversely, non-exempt employees in the District of Columbia are eligible to receive overtime pay for any hours worked beyond 40 in a given work week.

If you’d like to know more about the labor laws of the District of Columbia,  you can access our guide to salaried employees laws.

Common Questions About Salaried Employee Rights in the District of Columbia

• Safe Working Environment: Employers are required to provide a secure and healthy working environment for their salaried staff. This entails adhering to federal Occupational Safety and Health Act (OSHA) regulations, conducting routine workplace inspections, and ensuring proper training to prevent harm to employees.
• Whistleblower Protection: Salaried employees have the right to report illegal or unsafe practices without fear of retaliation.
• Background Checks: While background checks are generally not obligatory, specific job positions may necessitate them. Employers must comply with the Fair Credit Reporting Act when conducting background checks to safeguard employees’ rights.
• Arrest and Conviction Checks: During interviews, salaried employees cannot be asked about arrests or accusations. 
• Non-Compete Agreements: The District of Columbia prohibits employers from including non-compete agreements in employees’ contracts. This empowers salaried employees to pursue other job opportunities and entrepreneurial ventures.
• Freedom of Speech and Wage Transparency: Salaried employees have the right to discuss their own or others’ wages without fear of discrimination or interference.
• COBRA Benefits: Salaried employees have access to COBRA benefits, which allow them to retain health insurance and benefits after leaving their jobs, provided the employer has at least 20 employees. 
• Reimbursement for Expenses: Employers must either provide or reimburse employees for expenses related to travel, uniforms, tools, and equipment.
• Record-Keeping Obligations: Employers are required to maintain records of various employee information, including names, social security numbers, wages, and more, for a minimum of three years.

These basic rights ensure that salaried employees in the District of Columbia are protected, respected, and provided with a safe and fair working environment. Both employees and employers must be aware of and adhere to these regulations to maintain a harmonious and legally compliant workplace.

Certain salaried employees may be exempt from receiving overtime pay, such as White Collar employees in the District of Columbia who earn a minimum weekly salary of $844. They are not obligated to receive overtime compensation at a rate of 1.5 times their regular pay for working over 40 hours per week. The state adheres to federal definitions for four distinct categories including professionals, executives, computer employees, and administrative employees.

In addition to the exemptions established by the federal government, certain job roles within the District of Columbia are subject to overtime restrictions. Below is a comprehensive list of those occupations:

• Companions for the aged or infirm
• Lay members of religious organizations
• Domestic workers
• Automobile dealership employees
• Newspaper delivery employees
• Seamen
• U.S. government employees
• Airline employees
• Commissioned employees
• Railroad employees
• Babysitters
• Volunteers

Employers in the District of Columbia are prohibited from making deductions from an employee’s wages, except in cases explicitly authorized by law. Permissible deductions encompass items like income tax withholdings and deductions initiated by the employee. It is important to note that employers are not permitted to deduct funds from an employee’s earnings to cover their ordinary business expenses.

In the District of Columbia, employers are not obligated by law to offer rest or meal breaks to their employees.

Nonetheless, employers may choose to offer these breaks voluntarily. When provided, short rest breaks lasting up to 20 minutes are generally paid. On the other hand, meal breaks, which must be at least 30 minutes in duration, are typically unpaid. It’s important to note that there is a special provision for nursing mothers who have the right to take breaks for lactation.

The District government provides its employees with the option of alternative work scheduling and telework arrangements. Depending on the specific requirements of their respective agencies, employees at agencies with established alternative work schedules or telework programs have the opportunity to request one of three options: compressed work scheduling, flexible work scheduling, or telework. 

The District of Columbia offers two primary choices with flexible work:

• Compressed Work Schedule: Employees can work more than eight hours per day while working fewer than 10 days per pay period. They can choose between a nine-day work schedule (five days one week and four days the next) or an eight-day work schedule (four days each week) within a single pay period, both totaling 80 hours bi-weekly.
• Flexible Work Schedule: Employees can adjust their start and end times, ensuring they cover the agency’s core hours. Approval from supervisors or managers is required for any schedule changes, and these personnel are responsible for maintaining adequate coverage during the agency’s business hours for customer service needs.

The District of Columbia follows the Fair Labor Standards Act (FLSA) to establish exempt status, which is when an employee is excluded from overtime rules. As a result, exempt employees are not qualified for overtime pay, regardless of whether they surpass 40 hours in a workweek or 80 hours in a pay period. In essence, exempt employees are free from overtime regulations.

Furthermore, aside from not being eligible for overtime compensation, exempt employees must meet a predetermined salary threshold as per the FLSA. This entails that in the District of Columbia, exempt employees are assured a minimum salary of $844 weekly or $43,888 annually. Exempt status has various implications for an employee, which include:

• Stable Salary: Exempt employees receive a fixed salary, ensuring a predictable and stable income, regardless of fluctuations in their weekly workload.
• Job Autonomy: Exempt employees often have greater decision-making authority and independence in managing their work, allowing them to exercise more control over their tasks and projects.
• Professional Development: Employers may invest in the professional development of exempt employees, offering training and growth opportunities to enhance their skills and knowledge.
• Access to Benefits: Exempt employees are typically eligible for a broader range of benefits, including health insurance, retirement plans, and paid time off, enhancing their overall compensation package.
• Job Security: Exempt status generally provides stronger legal protections under labor laws, offering a degree of job security and recourse in the event of workplace disputes or wrongful termination.
• Career Advancement: Many exempt roles serve as a pathway for career growth and leadership positions within an organization, offering opportunities for promotions and increased responsibility.

To figure out whether you’re considered an exempt or non-exempt employee in DC, you need to follow the rules set by the Fair Labor Standards Act (FLSA):

• Salary Threshold Test: If your yearly salary is more than $43,888 (equivalent to $844 per week), you might qualify as an exempt employee.
• Salary Basis Test: If you receive a set minimum pay, regardless of how many hours you work, you could be seen as an exempt employee.
• Job Duties Test: To be classified as exempt, you must meet the requirements from the first two tests and also hold a job role that falls into exempt categories. These duties may involve tasks like managing administrative work, regularly supervising two or more employees, doing professional work that needs specific education, and making important decisions based on your judgment.

In the District of Columbia, the mandated minimum wage is set at $17 per hour. However, tipped employees may receive a compensation of $8, provided that their tips sufficiently compensate for the difference. 

If the total tips received by a tipped employee fall short of bridging the gap between the minimum tipped rate and the full minimum wage throughout a work week, it becomes the responsibility of the employer to make up the remaining balance.

In DC, employees who work in excess of 40 hours per week are eligible for a compensation rate of 1.5 times their standard hourly wage for each hour worked beyond this threshold in a given week. Given that the minimum wage in the District of Columbia stands at $17.00 per hour, this implies that their minimum overtime rate is $25.50 per hour.

Employers in DC are prohibited from subtracting funds from an employee’s earnings to cover regular operational costs such as supplies, materials, or tools. Furthermore, employees are restricted from making wage deductions for shortages or breakage. Employers are only allowed to make deductions from an employee’s earnings in the following specific situations:

• If the employee is covered by a union collective bargaining agreement that explicitly permits such deductions.
• If the employee works as a commissioned salesperson, deductions related to performance-related issues must adhere to established regulations.
• When an employee has voluntarily signed a written agreement before making a purchase or taking out a loan from their employer, granting permission to deduct the transaction’s cost from their wages.
• In situations where a court order instructs deductions to be carried out.

Employees in the District of Columbia are afforded a spectrum of entitlements and safeguards following state law, including the following:

• Protection Against Discrimination: District of Columbia laws guarantee that no one can subject you to unfair treatment or workplace harassment based on factors such as your gender, race, age, or other protected attributes.
• Prevention of Sexual Harassment: It is prohibited by District of Columbia law for anyone to engage in sexual harassment within the workplace.
• Ban the Box: The “Ban the Box” law in the District of Columbia prohibits employers from asking about an applicant’s criminal history until a job offer is made, ensuring fairer consideration in the hiring process.
• Equitable Treatment for Individuals with Disabilities: If you have a disability, the District of Columbia Fair Employment Practices law ensures that your employer cannot engage in discrimination against you. They are also required to offer you reasonable accommodations.
• Parental Leave and Pregnancy: If you work for an employer with a minimum of six employees in the District of Columbia, you have the entitlement to take up to eight weeks of unpaid leave for the birth or adoption of a child.
• Religious Accommodations: Employees are permitted to request accommodations to practice their religion if it involves specific beliefs or practices.

If you believe you’ve been discriminated against, you can file a complaint on the District government website. In the District of Columbia, government employees who believe they have faced employment discrimination must start by consulting with an Equal Employment Opportunity counselor within their agency. This counselor has 30 calendar days to work towards a resolution informally.

If a formal complaint becomes necessary, employees should submit it to the Office within 15 calendar days after their final meeting with the EEO counselor. Federal employees who have been discriminated against should reach out to the US Equal Employment Opportunity Commission (EEOC) for assistance.