District of Columbia Amends Wage Transparency Law (6/30/24)

The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings.

The District of Columbia Wage Transparency Omnibus Amendment Act of 2023 was signed by the mayor on Jan. 12 and has now been transmitted to Congress for review. It requires pay scale disclosures and healthcare disclosures prior to the first interview.

While initial versions of the pay transparency law limited applicability to employers with a certain number of employees only, the final law applies to any employer with at least one employee in Washington, D.C., except for the city government and the federal government. Although the law is silent on application to remote positions, if the position could be filled in Washington, D.C., the law’s requirements could arguably be extended. 
Pay Transparency Arrives at the Nation’s Capital
Littler via SHRM | Jan 2024

Expected effective date: 6/30/24
Text of the measure.

Additional Law Firm Articles

District of Columbia Joins Pay Transparency Bandwagon
Cooley | Mar 2024

Employers are prohibited from screening applicants based on their “wage history,” defined as “information related to compensation an employee has received from other or previous employment.” This includes a prohibition against requiring that an applicant’s wage history “satisfy minimum or maximum criteria” or requiring that an applicant disclose his or her wage history as either a condition of being interviewed or of continuing to be considered for an offer of employment. Employers are also prohibited from seeking an applicant’s wage history from a prior employer.
Get Ready for D.C.’s New Pay Transparency Law: 5 Top Answers for Employers
Fisher Phillips | Jan 2024

An employer must disclose the minimum and maximum projected salary or hourly pay “in all job listings and position descriptions advertised.” The law does not define “job listings” or “position descriptions advertised.” Therefore, employers should presume it is meant to encompass both internal and external postings or advertisements. As with other pay transparency laws, this requirement likely also includes any postings or advertised positions posted by recruiters or third parties engaged by the employer.
Washington, D.C.: Another Player in the Pay Transparency Trend
Foley | Jan 2024

Although no private right of action exists, the Attorney General has the authority to investigate and bring a civil suit against an employer for any violation of the Act for restitution, injunctive, compensatory, or "other authorized relief" on behalf of an individual or the public at large. If successful, the Attorney General will be entitled to (1) reasonable attorneys' fees and costs and (2) statutory penalties.
New Pay Transparency Requirements for D.C. Employers in 2024
Davis Wright | Jan 2024