ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To require a services contract when a hiring entity employs a domestic worker as its employee or
engages a domestic worker who is an independent contractor, to specify what information
must be provided and may not be included in the services contract, to specify when
translations and modifications of the services contract are required, to require referral
agencies to provide information to hiring entities and domestic workers, to require the
Mayor to create services contract templates, to require the Mayor to post certain
information online for the benefit of hiring entities and domestic workers, to require the
Attorney General to issue grants to community based organizations to develop certain
educational materials for domestic workers and hiring entities, including safety and
health information, to specify the powers of the Mayor and Attorney General to enforce
Title I, to specify the procedures for filing administrative and civil complaints for
violations of Title I; to amend the District of Columbia Human Rights Act of 1977 to
eliminate the exclusion of domestic servants from its protections and to clarify the
application of other provisions to domestic work arrangements; to amend the Office of
Human Rights Establishment Act of 1999 to direct the Office of Human Rights to prepare
guidance materials regarding the application of the Human Rights Act of 1977 to
domestic work arrangements; and to amend the D.C. Occupational Safety and Health Act
of 1988 to eliminate the exclusion of domestic servants from the definition of an
employee.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Domestic Worker Employment Rights Amendment Act of 2022.
TITLE I. DOMESTIC WORKER CONTRACTS
Sec. 101. Definitions.
For the purposes of this title, the term:
(1) Casual basis means occurring at irregular, uncertain, or incidental times and
differing in nature from the type of paid work in which the worker is customarily engaged.
(2) Domestic services means the following work when performed in or around a
private residence:
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(A) Child care, except work performed by the employee of a child
development facility, as defined in section 2(3) of the Child Development Facilities Regulation
Act of 1997, effective April 13, 1999 (D.C. Law 12-215, D.C. Official Code 7-2031(3));
(B) Aiding an elderly person or a person with a disability in activities of
daily living;
(C) Organizing, managing, or cleaning the home or its contents, including
laundering clothes and washing dishes;
(D) Cooking, preparing, or serving food; or
(E) Services such as gardening, driving, or shopping when they are
incidental to the services described in subparagraphs (A) through (D) of this paragraph.
(3) Domestic services agency means a hiring entity that employs 2 or more
domestic workers and dispatches them to the private residences of customers.
(4) Domestic worker means an individual who performs domestic services for
compensation in or around the private residence of another, but does not include:
(A) An individual who is a family member of the hiring entity for whom
the individual performs domestic services;
(B) An individual who primarily performs household repairs or
construction, such as plumbing, masonry, painting, renovating, or similar construction work;
(C) An individual whose primary responsibilities are caring for, boarding,
or walking dogs, cats, or other household pets; or
(D) An individual employed or engaged on a casual basis.
(5) Engage means to pay an independent contractor a fee for services.
(6) Hiring entity means an individual, partnership, association, corporation,
business trust, or other entity, person, or group that employs or seeks to employ or engages or
seeks to engage an individual to perform domestic services in the District for 5 or more hours in
a calendar month. The term hiring entity does not include the customer of a domestic services
agency or an agency, branch, or instrumentality of a state, the District, or the United States
government.
(7) Live-in domestic worker means a domestic worker whose employer
provides the domestic worker with lodging in the residence where the domestic work is
performed.
(8) Referral agency means an individual, partnership, association, corporation,
business trust, or any entity, person, or group, other than a hiring entity, that, as a primary
function of its business, connects prospective or current hiring entities and domestic workers to
facilitate domestic services.
(9) Services contract means a written agreement between one or more hiring
entities and one or more domestic workers.
(10) Shared services means domestic services that a single domestic worker
performs, often simultaneously for the mutual benefit of 2 or more hiring entities on a regular
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schedule, such as when 2 families employ a single caregiver to provide shared childcare for the
families children during the traditional work week.
(11) Wage Payment Act means An Act To provide for the payment and
collection of wages in the District of Columbia, approved August 3, 1956 (70 Stat. 976; D.C.
Official Code 32-1301 et seq.).
Sec. 102. Services contracts and other requirements for hiring entities and referral
agencies.
(a) A hiring entity shall execute a services contract with a domestic worker no later than
the first day a domestic worker is expected to perform work for a hiring entity, or, if the hiring
entity employs or engages a domestic worker as of the applicability date of this section, within
30 calendar days after the applicability date of this section.
(b)(1) An executed services contract shall include:
(A) The domestic workers start date;
(B) If known, the end date of contract;
(C) The address where work will usually be performed or the business
address that the hiring entity registered with the Department of Licensing and Consumer
Protection;
(D) The primary contact information for the hiring entity, including a
telephone number;
(E) The duties to be performed by the domestic worker;
(F) The rate of pay per hour, week, or other unit of time, specifying for
domestic workers who are employees the rate per hour and overtime rate;
(G) The form, place, and frequency of payment;
(H) The date first payment will be provided;
(I) The weekly schedule, including days of the week, start time, end time,
and number of hours of work per week;
(J) If the domestic worker will be provided with rest breaks or meal
breaks, the customary practice or time;
(K) Types of leave from work provided and whether paid or unpaid;
(L) Any other compensation or reimbursement provided by the hiring
entity, such as health insurance premiums, transportation allowance, or separation pay;
(M) Whether the domestic worker must provide their own vehicle for the
fulfillment of work duties; and
(N) For live-in domestic workers, a description of the type and value of
lodging provided, time of sleeping period, and personal time allotment.
(2) If any of the provisions required pursuant to paragraph (1) of this subsection
do not apply to the relationship between a hiring entity and domestic worker, the hiring entity
shall specify in the services contract the provisions that do not apply.
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(3) A hiring entity and domestic worker may execute a services contract in
identical documents; which identical documents shall have the same force and effect as a single
document bearing the signatures of all parties.
(4) When one or more of the terms of a services contract permanently changes,
the parties shall modify the existing services contract or execute a new services contract.
(5) Recipients of shared services shall jointly execute a services contract with the
domestic worker that complies with this subsection.
(c)(1) A services contract shall not:
(A) Require the domestic worker to waive any provision of this title;
(B) Prohibit, punish, interfere with, or have the effect of deterring the
domestic worker from filing a complaint or cooperating with an investigation under this title; or
(C) Contain a non-compete provision to the extent prohibited in the Ban
on Non-Compete Agreements Amendment Act of 2020, effective Mar 16, 2021 (D.C. Law 23-
209; D.C. Official Code 32-581.01 et seq.).
(2) A provision in an executed services contract that paragraph (1) of this
subsection prohibits shall be void as a matter of law.
(d)(1) A hiring entity shall:
(A) Make reasonable efforts to provide a domestic worker with a
translation of a services contract in the domestic workers preferred language; and
(B) Retain a true and accurate copy of an executed services contract with a
domestic worker and other records made or kept in relation to this title pursuant to rules
promulgated pursuant to section 105 for no less than 3 years and as long as may be required by
other applicable District law.
(2) In determining whether a hiring entity made reasonable efforts to provide the
translated services contract pursuant to paragraph (1)(A) of this subsection, a factfinder shall
consider whether the Mayor has made template agreements available in the domestic workers
preferred language, the other resources available to the hiring entity to obtain a translation, the
time the hiring entity spent attempting to obtain translation services, the complexity of the
information in need of translation, and other relevant factors.
(e) A hiring entity may not discharge, threaten, penalize, or in any other manner retaliate
against a domestic worker because the hiring entity believes or because the domestic worker in
fact:
(1) Alleged a violation of this title that the domestic worker reasonably believes
to:
(A) A hiring entity;
(B) The Mayor;
(C) The Attorney General; or
(D) Another person that the hiring entity has employed or engaged.
(2) Participated in or cooperated with an action by the Mayor or Attorney General
under this title; or
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(3) Otherwise exercised a right pursuant to this title.
(f) A referral agency shall notify domestic workers and hiring entities about the
requirements of this section whenever the referral agency provides services to a hiring entity or a
domestic worker.
(g) Hiring entities that receive services under the same services contract are jointly and
severally liable for violations of this section.
(h) Unless otherwise specified in an executed services contract, no provision of the
contract may be interpreted to limit or prohibit either party from terminating the employment or
engagement at-will.
(i) A services contract that complies with this section shall be deemed to satisfy an
employers obligations pursuant to the requirements of section 9(c) of the Minimum Wage
Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code 32-
1008(c)).
(j) Nothing in this section shall be construed to mean that a hiring entity or a domestic
worker may not include other lawful terms in a services contract.
Sec. 103. Outreach and public guidance.
(a)(1) The Mayor shall create template services contracts that hiring entities may use to
comply with the requirements of section 102. The Mayor shall publish the templates as specified
in subsection (c) of this section in English, Spanish, and at least 5 other languages that are the
most commonly spoken languages in the District.
(2) The Mayor shall make the template services contracts electronically available
within 90 days after the applicability date of this section, which a member of the public should
be able to download, enter information electronically, print, and save the templates using a
desktop computer, tablet, or smartphone.
(b) No later than 180 calendar days after the applicability date of this section, the Office
of the Attorney General shall award grants, pursuant to the requirements set forth in the Grant
Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code
1-328.11 et seq.), to provide guidance to domestic workers and hiring entities about domestic
workers rights under this title. A grantee shall be a community-based organization with at least
2 years experience working on behalf of domestic workers. Grantees shall use grants awarded
under this subsection to do any combination of the following:
(1) Based on the input of an expert or experts in the field of health and safety,
develop guidance for domestic workers and hiring entities to address the most common hazards
domestic workers encounter in their workplaces and how to mitigate them; or
(2) Conduct education and outreach to domestic workers, hiring entities, and the
public about the rights of domestic workers.
(c)(1) No later than 90 calendar days after the applicability date of this section, the Mayor
shall publish on a website information in a plain, easy-to-read format for use by domestic
workers, hiring entities, and the general public, which shall include:
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(A) The template services contracts created pursuant to subsection (a) of
this section;
(B) Instructions for how to use the templates;
(C) Answers to commonly asked questions about this titles requirements,
which the Mayor shall create in consultation with domestic workers and hiring entities;
(D) Information about the rights of domestic workers under:
(i) The Human Rights Act of 1977, effective December 13, 1977
(D.C. Official Code 2-1401.01 et seq.);
(ii) The Minimum Wage Revision Act of 1992, effective March
25, 1993 (D.C. Law 9-248; D.C. Official Code 32-1002 et seq.);
(iii) The Accrued Sick and Safe Leave Act of 2008, effective May
13, 2008 (D.C. Law 17-152; D.C. Official Code 32-531.01 et seq.);
(iv) The Universal Paid Leave Amendment Act of 2016, effective
April 7, 2017 (D.C. Law 21-264, D.C. Official Code 32-541.01 et seq.);
(v) The Protecting Pregnant Workers Fairness Act of 2014,
effective March 3, 2015 (D.C. Law 20-168, D.C. Official Code 32-1231.01 et seq.);
(vi) The Wage Payment Act;
(vii) The District of Columbia Workers Compensation Act of
1979, effective July 1, 1980 (D.C. Law 3-77, D.C. Official Code 32-1501 et seq.); and
(viii) The District of Columbia Unemployment Compensation Act,
approved August 28, 1935 (49 Stat. 946; D.C. Official Code 51-101 et seq.);
(E) Instructions about how to file a complaint and how to respond to a
complaint under this title;
(F) Links to resources provided by the United States Department of Labor
regarding the rights of domestic workers;
(G) A list of resources detailing the federal and District obligations of
hiring entities, including IRS Publication 926, Household Employer's Tax Guide or revisions or
successor publications of this guide; and
(H) When made available by the Office of the Attorney General, the safety
guidance created pursuant to subsection (b) of this section.
(2) The website shall provide the information required under paragraph (1) of this
subsection in English, Spanish, and at least 5 other languages that are the most commonly
spoken languages in the District.
Section 104. Enforcement.
(a) A hiring entity or referral agency determined to have violated one or more
requirements of section 102 shall be liable for penalties and relief as specified in this section.
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(b)(1) The Mayor and Attorney General shall administer and enforce this title consistent
with their respective powers and rights under section 6(a), (a-1), (b), and (c) of the Wage
Payment Act.
(2)(A) Any records a hiring entity or referral agency maintains pursuant to the
requirements of this title or regulations issued pursuant to this title shall be open to and made
available for inspection or transcription by the Mayor, the Mayors authorized representative, or
the Office of the Attorney General upon demand at any reasonable time. A hiring entity or
referral agency shall furnish to the Mayor, the Mayor's authorized representative, or the Office of
the Attorney General on demand a sworn statement of records and information on forms
prescribed or approved by the Mayor or Attorney General.
(B) No individual may be found to be in violation of subparagraph (A) of
this paragraph unless the individual has had an opportunity to challenge the Mayor or Attorney
General's demand before a judge, including an administrative law judge.
(3) Except as provided for in rules issued pursuant to this title, the Mayor or
Attorney General shall not require a domestic worker to disclose the domestic workers
immigration status in order to enforce this title.
(c)(1) The Mayor may assess an administrative penalty of no less than $250 for each
violation of section 102(a) through (d), and (f) and an administrative penalty of no less than $500
for each violation of section 102(e).
(2) The Mayor may not collect an administrative penalty under this subsection
unless the Mayor has provided the hiring entity or referral agency alleged to have violated
section 102 with notification of the viol