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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) An employer shall keep, for at least 3 years or the prevailing federal standard at the time the record is created, which shall be identified in rules issued pursuant to this chapter, whichever is greater, in or about its place of business, records of the employer containing the following information:
(1) The name, address, occupation, and classification of each employee, exempt person, or independent contractor;
(2) The rate of pay of each employee or method of payment for the independent contractor or exempt person;
(3) The classification of each individual as an employee, exempt person, or an independent contractor;
(4) The amount that is paid each pay period to each employee, exempt person, or independent contractor;
(5) The hours that each employee, exempt person, or independent contractor works each day and each work week;
(6) For all individuals who are not classified as employees, evidence that each individual is an exempt person or an independent contractor or an employee thereof; and
(7) Other information that the Mayor requires, by regulation, as necessary to enforce this subchapter.
(b)(1) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of such classification at the time the individual is hired.
(2) The written notice shall include:
(A) An explanation of the implications of the individual's classification as an independent contractor or exempt person rather than as an employee, in compliance with § 2-1933, and
(B) Contact information for the Mayor.
(3) Failure to provide a written notice shall be evidence of a knowing violation. The employer shall be liable for an administrative penalty of $500 for each individual that the employer failed to notify.
(4) The Mayor shall adopt regulations establishing specific requirements for the content and form of the notice within 180 days of April 27, 2013, and, the adoption of such regulations shall be a prerequisite to the obligation to furnish the notice.
Cite this article: FindLaw.com - District of Columbia Code Division V. Local Business Affairs § 32-1331.12. Employer record-keeping requirements. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-v-local-business-affairs/dc-code-sect-32-1331-12/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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