Employers with Tipped Wage Workers in Washington, D.C. Have Sexual Harassment Prevention Training Requirements

The Tipped Wage Workers Fairness Amendment Act of 2018 requires Washington, D.C., employers with tipped wages workers to provide sexual harassment prevention training for managers and employees. 

A tipped wage worker is an employee who customarily and regularly receives a certain amount in tips, and their employer claims a portion of those tips as an allowance against the employer’s obligation to pay minimum wage. This could include employees who are employed in nightclubs, bars, brew pubs, entertainment/concert venues, as well as food service workers from restaurants, cafeterias, hotels, hospitals, apartments, or other such similar establishments.

What Other Requirements Do Employers Have for Tipped Wage Workers?

In addition to the mandatory sexual harassment training, employers of tipped wage workers also must submit the following to the Office of Human Rights in Washington, D.C. (DCOHR):

• A policy on sexual harassment that adheres to specific requirements, including how to report any instances of sexual harassment
  • The policy must be distributed to employees and posted in an accessible location (e.g., in a breakroom in the office)
  • The DCOHR fact sheet on how to file a complaint must also be posted
• Reporting requirements
  • Certification of compliance for years 2020, 2021, and 2022 must be provided
  • Certification must be provided annually in all future years
  • The number of sexual harassment complaints must be provided, as well as identifying the role of the alleged harasser; owner, manager, co-worker, or customer. This reporting is due every year by Dec. 31.

The DCOHR has a portal for covered employers to indicate compliance with distribution and posting of their sexual harassment policy, reporting, and allow employers to upload proof of their sexual harassment policy. The deadline for reporting information for years 2020 and 2021 was Dec. 31, 2022, while the deadline for 2022 reporting is March 31, 2023. 

What Are the Training Requirements Under the Tipped Wage Workers Fairness Amendment Act?

The law requires that training be conducted by certified trainers and the DCOHR has provided a list of certified trainers.

Training can be in person or online for tipped-wage workers, and according to the law must be held within 90 days of hire for new employees (unless the employee has received training in the past two years). In-person training is required every two years for managers, while owners must receive training in person or online every two years.

Anyone required under the law to receive the training who has completed training prior to Dec. 31, 2021, will have to participate in this new training.

The law also requires covered employers to offer annually the opportunity for employees to attend training on the law itself.

Next Steps

Businesses required to comply with the mandate should review their sexual harassment prevention policy to ensure it is current under the law. Paychex offers HR Services including access to an HR Professional to help your business understand their obligations under the law and help you stay up to date on any changes in the law that could impact your compliance obligations.