Chapter 10B. Domestic Worker Contracts.

§ 32–1071.01. Definitions.

For the purposes of this chapter, 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:

(A) Child care, except work performed by the employee of a child development facility, as defined in § 7-2031(3);

(B) Aiding an elderly person or a person with a disability in activities of daily living;

(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 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 Chapter 13 of this title.

§ 32–1071.02. 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 January 29, 2024, within 30 calendar days after January 29, 2024.

(b)(1) An executed services contract shall include:

(A) The domestic worker's 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.

(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 chapter;

(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 chapter; or

(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 worker's 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 chapter pursuant to rules promulgated pursuant to § 32-1071.05 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 worker's 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 chapter that the domestic worker reasonably believes to:

(A) A hiring entity;

(B) The Mayor;

(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 chapter; or

(3) Otherwise exercised a right pursuant to this chapter.

(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 employer's obligations pursuant to the requirements of § 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.

§ 32–1071.03. Outreach and public guidance.

(a)(1) The Mayor shall create template services contracts that hiring entities may use to comply with the requirements of § 32-1071.02. 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 part B of subchapter XII-A of Chapter 3 of Title 1, to provide guidance to domestic workers and hiring entities about domestic workers' rights under this chapter. 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:

(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 chapter's 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 (Chapter 14 of Title 2);

(ii) The Minimum Wage Revision Act of 1992 (Chapter 10 of this title);

(iii) The Accrued Sick and Safe Leave Act of 2008 (subchapter III of Chapter 5 of this title);

(iv) The Universal Paid Leave Amendment Act of 2016 (subchapter IV of Chapter 5 of this title);

(v) The Protecting Pregnant Workers Fairness Act of 2014 (Chapter 12A of this title);

(vi) The Wage Payment Act (Chapter 13 of this title);

(vii) The District of Columbia Workers' Compensation Act of 1979 (Chapter 15 of this title); and

(viii) The District of Columbia Unemployment Compensation Act (Chapter 1 of Title 51);

(E) Instructions about how to file a complaint and how to respond to a complaint under this chapter;

(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.

§ 32–1071.04. Enforcement.

(a) A hiring entity or referral agency determined to have violated one or more requirements of § 32-1071.02 shall be liable for penalties and relief as specified in this section.

(b)(1) The Mayor and Attorney General shall administer and enforce this chapter consistent with their respective powers and rights under § 32-1306(a), (a-1), (b), and (c).

(2)(A) Any records a hiring entity or referral agency maintains pursuant to the requirements of this chapter or regulations issued pursuant to this chapter shall be open to and made available for inspection or transcription by the Mayor, the Mayor's 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 chapter, the Mayor or Attorney General shall not require a domestic worker to disclose the domestic worker's immigration status in order to enforce this chapter.

(c)(1) The Mayor may assess an administrative penalty of no less than $250 for each violation of § 32-1071.02(a) through (d), and (f) and an administrative penalty of no less than $500 for each violation of § 32-1071.02(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 § 32-1071.02 with notification of the violation, notification of the amount of the administrative penalty to be imposed, and an opportunity to request a formal hearing held pursuant to Chapter 5 of Title 2 and § 32-1308.01(e).

(d)(1) A domestic worker aggrieved by a hiring entity's violation of § 32-1071.02(a) through (e) may pursue relief by filing:

(A) An administrative complaint with the Mayor setting forth facts minimally sufficient to allege a violation of this chapter; or

(B) A civil action against the hiring entity in a court of competent jurisdiction. In such action, a plaintiff shall carry the burden of proof by a preponderance of evidence.

(2)(A) The procedures set forth in § 32-1308.01, except for subsection (e)(4) and (5), shall govern the conciliation, resolution, and enforcement of an administrative complaint that a domestic worker files pursuant to paragraph (1)(A) of this subsection.

(B) At any time before making a final determination of whether a violation of § 32-1071.02 has occurred, the Mayor may:

(i) Provide a hiring entity alleged to have failed to comply with one or more of the requirements of § 32-1071.02 with 15 calendar days to cure defects in the form or terms of the services contract if curing such defects would resolve the violation of § 32-1071.02; or

(ii) With the consent of the complainant, suspend investigation of the complaint while attempting to mediate the dispute.

(3) Section 32-1308 shall apply to any civil action that a domestic worker files pursuant to paragraph (1)(B) of this subsection.

(e) Upon investigation by the Mayor pursuant to subsection (b) of this section or in an action to enforce this chapter pursuant to subsection (d) of this section, in addition to administrative penalties authorized pursuant to subsection (c) of this section, a hiring entity found to have violated:

(1) Any requirement of § 32-1071.02(a) through (d) shall be liable for relief payable to each domestic worker subject to each violation in an amount not less than $250; and

(2) Section 32-1071.02(e) shall be liable for relief payable to each domestic worker subject to retaliation in an amount not less than $500 for each instance of retaliation.

(f) Appeals of any administrative order issued under this section shall be made to the District of Columbia Court of Appeals, as provided in § 2-510.

(g) The rights, remedies, and prohibitions accorded by the provisions of this chapter are in addition to and cumulative of any right, remedy, or prohibition accorded by the common law, federal law, or any District statute, and nothing contained in this chapter shall be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or prohibition.

§ 32–1071.05. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules necessary to implement the provisions of this chapter, including:

(1) When the requirement to modify or replace a services contract under § 32-1071.02(b)(4) shall apply;

(2) Recordkeeping requirements for a hiring entity or a referral agency; and

(3) Procedures for limiting the collection, retention, use, and disclosure of information related to the immigration status of individuals covered by this chapter.

§ 32–1071.06. Collective bargaining agreements.

Nothing in [this chapter] shall be interpreted to supersede the terms of a valid collective bargaining agreement.