SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION

(a) Section 3 (D.C. Official Code § 32-161) is amended as follows:

(1) Subsection (a)(1) is amended as follows:

(A) The lead-in language is amended by striking the phrase "By April 1, 2020" and inserting the phrase "Within 120 days after the date this section becomes applicable" in its place.

(B) Subparagraph (F) is repealed.

(2) Subsection (b) is amended as follows:

(A) Paragraph (1) is amended as follows:

(i) The lead-in language is amended by striking the phrase "By April 1, 2020" and inserting the phrase "Within 120 days after the date this section becomes applicable" in its place.

(ii) Subparagraph (B) is amended to read as follows:

" (B) The following text formatted in a large font and for maximum readability, including the use of bullet points to call out each specified right on a separate line:

"EMPLOYEE RIGHTS IN THE DISTRICT OF COLUMBIA: Do you know your rights as an employee working in Washington, D.C.? Employees have the right:

"• To be paid at least the minimum wage;

"• To be paid on time;

"• To receive a detailed pay stub;

"• To accrue and use paid sick and safe leave;

"• To request time off to attend a child's school-related activities;

"• To qualify for unpaid family and medical leave;

"• To be compensated for work-related illness or injury;

"• To remain free from discrimination;

"• To be accommodated in the workplace during pregnancy;

"• To remain free from employer retaliation for discussing or exercising any of these rights; and

"• To file a complaint for violation of workplace rights with the Department of "Employment Services (DOES) or the Office of Human Rights (OHR),

"• To learn about these and other workplace rights, visit the website below. This notice does not create, expand, or limit rights under District or federal law.".

(B) Paragraph (2) is amended by striking the phrase "The poster" and inserting the phrase "Below the text required pursuant to paragraph (1)(B) of this subsection, the poster" in its place.

(3) Subsection (d)(6) is repealed.

Sec. 2133. The Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq. ), is amended as follows:

(a) Section 10a (D.C. Official Code § 32-1009.01) is amended as follows:

(1) Subsection (a) is amended to read as follows:

" (a) (1) As of January 1, 2020, the third-party payroll businesses required pursuant to section 9(a-1) to process payroll for an employer that employs a tipped worker and hotel employers that employ a tipped worker shall submit a quarterly wage report for the preceding calendar quarter to the Mayor no later than 30 days after the end of each calendar quarter.

" (2) Each quarterly wage report shall certify that each tipped worker was paid at least the required minimum wage, including gratuities, and shall include the following:

" (A) Itemized, for each tipped worker, the worker's:

" (i) Name;

" (ii) Average hourly wage received per week during the quarter;

" (iii) Total hours worked at or above the minimum hourly wage established under section 4(f) per week;

" (iv) Gross wages received per week; and

" (v) Total gratuities received per week.

" (B) For a hotel employer, a certification that all of the information in the report is accurate;

" (C) For a third-party payroll business, a certification that the information in the report was generated using the same payroll data used to generate the information required to be furnished to employees pursuant to section 9(b) ; and

" (D) If tips were shared, a copy of the employer's tip-sharing policy used during the quarter, unless the third-party payroll business and the employer have agreed that the employer will submit the tip-sharing policy, in which case, a certification that such an agreement was in place during the calendar quarter.

" (3) (A) An employer that agrees to submit its tip-sharing policy directly to the Mayor shall submit the policy to the Mayor no later than 30 days after the end of each calendar quarter.

" (B) If the Mayor does not receive the tip-sharing policy of an employer that employs a tipped worker by the submission deadline for quarterly wage reports, the Mayor shall presume that the employer did not have a tip-sharing policy in place during the calendar quarter.".

(2) Subsection (b)(2) is amended to read as follows:

" (2) A person required to submit documents pursuant to subsection (a) of this section shall submit the documents online through the Internet-based portal, unless the Mayor exempts the person from online reporting because it creates a hardship for the person, in which case, the person shall submit the documents in hard-copy form.".

(3) A new subsection (d) is added to read as follows:

" (d) For the purposes of this section the term "tipped worker" means an employee paid in accordance with section 4(f) .".

(b) Section 12(d)(1) (D.C. Official Code § 32-1011(d)(1)) is amended by adding a new subparagraph (E-i) to read as follows:

" (E-i) $500 against an employer for each failure to timely submit the quarterly wage report required pursuant to section 10a , in its entirety, unless the employer proves that it used a third-party payroll business to process the relevant quarter's payroll for the employer.".