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DC Harassment Training Requirement - Updates and Details

October 12, 2022
DC Operators are likely hearing more and more about the requirement that DC restaurant operators with at least one tipped employee provide harassment prevention training every two years to all employees. This requirement is a part of the Tipped Workers Fairness Amendment Act, which, if you recall, was passed in 2018 as part of the repeal of Initiative 77.
 
There has been a long pause in implementation, largely due to Covid, but now the DC Office of Human Rights (OHR) and the Department of Employment Services (DOES) are certifying trainers and putting the mechanisms in place for businesses to conduct and certify the training. 
 
DEADLINE: 
  • OHR has set a date of December 31, 2022 by which they encourage that businesses have started contacting trainers, making arrangements, and are scheduling trainings.
  • ​However, OHR told us that they are working internally to shift the first deadline to March 2023. We will keep you posted on this. 
  • The structure on enforcement and penalties is still unknown and will be managed by DOES, who are creating that system. For now, it is encouraged that businesses explore their options on training and available trainers.
WHAT YOU NEED TO KNOW
  1. Who must take this training?
    -ANY business that hires at least one tipped wage employee (employees who earn tips as part of their wage) must provide this training for managers, owners, operators, and employees.
  2. Do other non-tipped employees have to take the training too? What about staff who are salaried but also receive tips?
    -All employees who work in a business that hires tipped wage workers must take the training regardless of whether they themselves are salaried or tipped.
  3. Is the training going to be in person or are there online options?
    -Employees can attend the training in person or online (live virtual session in real time).
    -So far, unless the law changes, managers must attend the training in person.
    -Owners and operators of businesses can attend the training in person or online (live virtual session in real time).
 
4. Will these be training sessions for one business at a time, or will this be an open session for people to attend?
  • A training session can be open to more than one business at the same time; however, the training report has to be submitted to OHR per each business.
  • RAMW will have training sessions available in the coming weeks. See below for the schedule.
  •  The training compliance report must be submitted no later than 30 business days after completion of the training.
5. Thinking about turnover, if the employees take the training will the training be valid even if they took it while they were working for a different business?
  • Yes, trainees will get a certificate that will be valid for 2 years and they can bring it to their next job.
6. Can someone in my organization become an OHR approved trainer? 
  • Yes. Someone on your team can get certified and added to OHR's list as a certified trainer. For more information on the required steps to become certified, contact: Angela Gonzalez (angela.gonzalez1@dc.gov), Training Specialist at OHR.
 
AVAILABLE TRAINERS AND SESSIONS: 
  • RAMW has been working with Kevin Cardwell and Mina Raskin of Cardwell Raskin LLC  to deliver the training to ensure it is tailored to the hospitality industry. OHR has certified them as a provider.
  • RAMW and Cardwell Raskin LLC  are hosting in-person training sessions for managers, and zoom trainings for employees and owner/operators throughout the next few months where you can sign up individual operators, managers, or employees. 
Upcoming Sessions: 
All trainings are $75/per person; click here to register for a session.
  • October 25 - Zoom: 10:00-11:30am
  • November 1 - Zoom: 10:00-11:30am and 2:00-3:30pm
  • November 15 - In Person/Managers: 10:00-11:30am
  • December 6 - Zoom: 10:00-11:30am and 2:00-3:30pm
  • December 7 - In Person/Managers: 2:00-3:30pm
To work with Cardwell Raskin LLC to do a training specific for your operation, staff, and schedule, contact them here: 
Cardwell Raskin LLC CardwellRaskin@gmail.com or 703-340-5688.
 
Additional Trainers in the RAMW Community
Jessica Childress, The Childress Firm PLLC
  • In-person Harassment Training for Managers click here
  • Online Live Training for Non-Managers and Owner/Operators click here
S. Libby Henninger, Littler, Labor & Employment Law Solutions  LHenninger@littler.com 202.772.2527
OHR’s early list of certified trainers is available here
 
We understand this is a lot to navigate and we are in touch with OHR to share feedback and get your questions answered as quickly as possible. Let us know, as always, if you have questions. Email us at: info@ramw.org