Washington, DC, employment law overview

by The Brightmine Editorial Team

The District of Columbia has many laws that provide greater protections to employees than federal law, including broader discrimination protections, pregnancy accommodation rights, a higher minimum wage, health care continuation coverage obligations for smaller employers and paid sick leave, but generally follows federal law on topics such as overtime pay, jury duty leave, military leave and occupational safety and health. 

Select District of Columbia employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections

District of Columbia employers may be required to comply with requirements related to EEO and worker protections. 

Fair employment practices 

In addition to the federally protected classes (race, religion, color, sex, age, national origin, ancestry and disability), the District of Columbia Human Rights Act (DCHRA) prohibits discrimination based on factors including but not limited to: 

• Marital status; 
• Personal appearance; 
• Sexual orientation; 
• Gender identity or expression; 
• Family responsibilities; 
• Genetic information; 
• Educational status; 
• Political affiliation; 
• Unemployment status; 
• Place of residence or business; 
• Source of income; and 
• Reproductive health decision making. 

Harassment is a form of illegal discrimination and is prohibited under the DCHRA. The DCHRA also prohibits retaliation against a person who opposes, reports or assists another person in opposing unlawful discrimination. 

Equal pay 

The District of Columbia does not have a standalone equal pay law. However, the District of Columbia Human Rights Act (DCHRA) prohibits discrimination, including in compensation, on the basis of a number of protected characteristics. 

Pay transparency 

The District of Columbia has a pay transparency law that requires certain employers to include pay information in job postings. Covered employers must include a minimum and maximum salary or hourly pay rate in any job posting. 

Salary history inquiry restrictions 

The District of Columbia restricts inquiries into the salary history of job applicants and prohibits employers from: 

• Screening prospective employees based on wage history; 
• Requiring that a prospective employee’s wage history satisfy minimum or maximum criteria; 
• Requesting or requiring as a condition of being interviewed or being considered for a job that a prospective employee disclose their wage history; and 
• Seeking a prospective employee’s wage history from the individual’s previous employer. 

Employee wage disclosure rights 

District of Columbia employers may not prohibit employees (other than those that access wage information as part of their job responsibilities) from disclosing, inquiring about or discussing information about their own or other employees’ wages. 

Pregnancy accommodation 

The Protecting Pregnant Workers Fairness Act requires an employer to provide reasonable workplace accommodations for employees whose ability to perform the functions of their jobs is limited by pregnancy, childbirth, a related medical condition or breastfeeding. Examples of reasonable accommodation include: 

• More frequent or longer breaks; 
• Time off; 
• Acquisition or modification of equipment or seating; 
• Temporary transfer, light duty or a modified work schedule; 
• Refraining from heavy lifting; 
• Relocating the employee’s work area; or 
• Private space (not a bathroom) for expressing breast milk. 

Breastfeeding breaks 

Unless doing so would pose an undue hardship, an employer must provide reasonable daily unpaid break periods for an employee to express breast milk for her child. The breastfeeding break may run concurrently with any other break period that the employer provides to the employee. 

Access to personnel files 

District of Columbia law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections  

The District of Columbia does not have a whistleblower law applicable to private employers. 

Scheduling

Employers of workers performing janitorial services in the District of Columbia must comply with the scheduling requirements of the Building Service Employees Minimum Work Week Act, which requires employers to schedule janitorial or building service employees to work a minimum work week of at least 30 hours.

Covered leave, whether paid or unpaid, is counted towards the minimum number of hours. 

Recruiting and hiring 

District of Columbia employers may be required to comply with requirements related to recruiting and hiring. 

Credit checks 

The Fair Credit in Employment Amendment Act restricts employers from asking about a job applicant’s credit history and from refusing to hire based on that information. It also prohibits employers from printing or publishing any job advertisement that indicates any preferences or limitations based on an applicant’s credit information. 

Ban the Box and Fair Chance 

The Fair Criminal Record Screening Act prohibits certain employers in the District of Columbia from asking applicants about their criminal history on an initial job application, subject to very limited exceptions, until after making a conditional job offer. 

The Act also bans inquiries at any point in the selection process into arrests or criminal accusations against an applicant that are not pending or did not result in a conviction. After extending a conditional offer, employers may not withdraw that offer or take other actions based on a criminal record except for a legitimate business reason. 

E-Verify 

There are no requirements for private employers related to the use of E-Verify in the District of Columbia. 

Wage and hour 

District of Columbia employers may be required to comply with certain wage and hour requirements. 

Minimum wage 

The District of Columbia’s minimum wage is $18.40 per hour, effective July 1, 2026. Every July 1, it will be adjusted to keep pace with the rate of inflation. A separate minimum wage rate exists for certain employees (e.g., tipped employees). 

Overtime 

District of Columbia employers are required pay employees one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per week. Premium pay, including but not limited to pay for hours worked over eight in a day and hours worked on Saturdays, Sundays and holidays, is counted toward overtime compensation. 

Meal and rest breaks 

District of Columbia law does not require employers to provide meal or rest breaks to employees.  

Child labor 

Child labor laws in the District of Columbia restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are generally prohibited from working in hazardous occupations. Minors under the age of 18 are prohibited from working in any quarry, tunnel or excavation and generally may not work in any establishment where alcoholic beverages are manufactured or sold for consumption. District of Columbia law lists a number of other occupations from which minors under the age of 16 are prohibited from working. 

With some exceptions, children under the age of 18 may not work: 

• More than six consecutive days in any one week; 
• More than 48 hours in any one week; or 
• More than eight hours in any one day. 

Minors 16 or 17 years of age may not work before 6:00 a.m. or after 10:00 p.m. on any day. Additionally, minors under 16 years of age may not work before 7:00 a.m. or after 7:00 p.m. on any day, except during the summer (June 1 through Labor Day) when the evening hour can be 9:00 p.m. 

Pay and benefits 

District of Columbia employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Wages may be paid in cash, by check or by direct deposit. 

Pay frequency and lag time 

Nonexempt employees generally must be paid at least twice a month on regularly scheduled paydays designated in advance. If an employer has customarily paid wages at least once a month, or has done so pursuant to a contract, it may continue to do so. 

Exempt employees must be paid at least once a month. 

Employees must be paid no later than 10 working days after the end of the regularly scheduled pay period, unless a collective bargaining agreement provides otherwise. 

Pay deductions 

Employers may make deductions that are authorized or required by law or a court order (e.g., child support), for employer-provided lodging and for meals up to certain limits. 

Employers may not deduct from an employee’s wages for losses due to breakage, damage and acceptance of bad checks; cash shortages; and walkouts, if such deductions would reduce the employee’s wages below the minimum wage. 

Pay statements 

On every regular payday, each employee must receive a pay statement that includes the following information: 

• The date of the wage payment; 
• The gross wages paid; 
• Deductions from and additions to wages; 
• The net wages paid; 
• Hours worked during the pay period; and 
• Any other information required by regulation. 

Wage theft 

The Wage Theft Prevention Amendment Act requires an employer to provide specific pay-related information in writing to each employee at the time of hire. The required information includes, but is not limited to, the employer’s name, address and phone number; the employee’s rate of pay and the basis for the rate; and the employee’s regular payday designated by the employer. An employer must also provide an updated notice to an employee anytime information in the employee’s notice changes. 

Health care continuation 

Employers of a certain size must comply with the District of Columbia’s health care continuation law, which generally provides for continuation coverage for up to three months for employees and their dependents. 

Within 15 days of termination of coverage, an employer must notify the employee of his or her continuation rights in writing. 

Temporary disability insurance 

The District of Columbia does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

District of Columbia employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

The District of Columbia Family and Medical Leave Act (DC FMLA) requires employers with 20 or more employees in the District of Columbia to allow an eligible employee to take up to 16 workweeks of unpaid leave during any 24-month period for the: 

• Birth of a child of the employee; 
• Placement of a child with the employee for adoption or foster care; 
• Placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibility; 
• Care of a family member of the employee who has a serious health condition; or 
• Employee’s own serious health condition that leaves the employee unable to perform the functions of his or her job. 

In addition, the District of Columbia’s Universal Paid Leave Amendment Act provides eligible employees with paid parental, family, medical and prenatal leave benefits, which are funded by employer contributions. 

Paid sick leave 

The Accrued Sick and Safe Leave Act (ASSLA) requires employers with employees working in the District of Columbia to provide paid sick and safe leave to be used for: 

• The employee’s or a family member’s physical or mental illness, injury or medical condition; need for professional medical diagnosis or care; or need for preventive medical care; and 
• Reasons related to stalking, domestic violence or sexual abuse of the employee or a family member. 

The amount of leave required depends on the employer’s size: 

• Employers with 100 or more employees: Up to seven days; 
• Employers with 25-99 employees: Up to five days; and 
• Employers with 24 or fewer employees: Up to three days. 

Other time off requirements  

In addition to the DC FMLA and ASSLA, a District of Columbia employer may also be required to comply with other leave and time off laws, including but not limited to: 

• School activities leave; 
• Jury duty leave; 
• Witness leave; 
• Emancipation Day leave; 
• Student leave; and 
• Voting leave. 

Health and safety 

District of Columbia employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

The District of Columbia state plan has not been approved by the Occupational Safety and Health Administration (OSHA), therefore federal OSHA has authority over private sector employees in the state. 

Drug and alcohol testing 

Private employers in The District of Columbia are not prohibited from conducting drug and alcohol testing in the workplace and are free to establish drug and alcohol testing policies and require employees and job applicants to submit to drug and alcohol tests, if the testing programs comply with laws that protect workers from discrimination.

Smoke-free workplace 

The District of Columbia prohibits smoking in public and private workplaces, but an employer may designate an area in the workplace where smoking is permitted as long as that area is physically separated and properly ventilated. The employer must maintain a written smoking policy and notify employees of that policy. 

Signs must be posted in areas where smoking is prohibited. 

Weapons in the workplace 

District of Columbia employers may create workplace weapons policies that restrict employees from bringing guns on to employer property, including parking lots owned by the employer. 

Safe driving practices 

The District of Columbia prohibits using a handheld cell phone or texting while driving. 

Organizational exit 

District of Columbia employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Final paychecks must be provided to employees as follows: 

• Employees who are fired must be paid on the next working day (excluding Saturdays, Sundays and legal holidays). If an employee was responsible for money, the employer has four calendar days from the date of the employee’s termination to pay wages owed to the employee. 
• Employees who quit or resign must be paid by the earlier of the next regular payday or within seven days from the employee’s termination date. 

Mass layoffs 

The District of Columbia does not have its own version of the federal WARN Act. 

AI in Employment  

The District of Columbia does not have a law related to AI in employment applicable to private employers.