A newly effective Washington, D.C. law requires that employers whose workers receive tips as part of their wages must carry on sexual harassment training for all these employees, as well as for managers and owner/operators. The requirement applies to employers of one or more employees who receive tips. The sexual harassment training must be provided to new hires within their first 90 days on the job.

The Tipped Wage Workers Fairness Amendment Act (TWWFAA) was passed in 2018 but it is being phased in over time. The provision requiring mandatory sexual harassment training took effect in 2022.

To provide the training, companies must either use the materials compiled by the D.C. Office of Human Rights (DCOHR) or select a trainer from the agency’s list of approved providers. Non-managerial employees can complete the training online or in person. For managers, in-person harassment training must be completed every two years. For owner/operators, online or in-person training is required every two years.

Employers must use the DCOHR portal to report, on a yearly basis, the number of sexual harassment complaints employees have made to management. Complaints dating back to 2020 must be reported. The report must specify whether the alleged harasser was a co-worker, manager, owner/operator or customer. Reports must be submitted every year by December 31, starting with December 31, 2022.

To ensure compliance with the TWWFAA, companies that employ tipped workers should review and update their sexual harassment policies. These policies should be distributed to employees and posted in a visible location in the office, and they also should be uploaded to the DCOHR portal. They should include information on how to report sexual harassment to management and to the DCOHR. Companies should also plan their trainings by reaching out to DCOHR to obtain training materials or contact a trainer from the approved list to get on the trainer’s calendar.

At Cashdan & Kane, PLLC we help companies that employ tipped workers understand their duties under the TWWFAA. We are also available to represent tipped workers who feel they were victimized by sexual harassment at work. To get in touch with our Washington, D.C. attorneys, please call 908-264-9331 or contact us online at your convenience.