On January 1, 2016, the District of Columbia’s living wage increased to $13.85 in accordance with the District of Columbia Living Wage Act of 2006 (“Act”). The Act requires a recipient who receives $100,000 or more in contract or government assistance to pay their affiliated employees no less than the living wage. In addition, subcontractors that receive $15,000 or more from a contract, or receive $50,000 or more from government assistance, “must pay their affiliated employees no less than the living wage; provided, that the funds received by the recipient,” must originate from the District of Columbia government.
An affiliated employee is defined as “any individual employed by a recipient who received compensation directly from government assistance or a contract with the District of Columbia government, including any employee of a contractor or subcontractor of a recipient who performs services pursuant to government assistance or contract.”
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The United States Court of Appeals for the District of Columbia Circuit issued a decision involving the provision of the National Labor Relations Act that makes it unlawful for employers to “interfere with, restrain, or coerce employees” when they exercise the rights guaranteed under that statute. In sum, the employer in that case threatened and disciplined an outspoken employee-union supporter. Among other items, the employer (1) told the employee-union supporter to “stop worrying about the Union and worry about your job,” (2) investigated the employee-union supporter, (3) disciplined the employee-union supporter without an inquiry into her actions, contrary to the employer’s company policy, and (4) unlawfully interrogated the employee-union supporter over union literature. Not surprisingly, the Court of Appeals agreed with the National Labor Relations Board that the employee-union supporter’s protected activities were a motivating factor in her discipline and that the employer would not have taken the same actions in the absence of anti-union considerations.
For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at (301) 864-6070 or email@example.com.