(a) Any person who willfully violates any of the provisions of § 32-1010 shall, upon conviction, be subject to a fine of not more than $10,000, or to imprisonment of not more than 6 months, or both.
(b) No person shall be imprisoned under this section except for an offense committed after the conviction of that person for a prior offense under this section.
(c) Prosecutions for violations of this subchapter shall be in the Superior Court of the District of Columbia and shall be conducted by the Corporation Counsel of the District of Columbia.
(d) In addition to and apart from the penalties or remedies provided for in this section or § 32-1012, the Mayor shall assess and collect administrative penalties up to a maximum of $300 for the first violation and up to a maximum of $500 for each subsequent violation. The Mayor shall consider factors that include the history of previous violations by the employer, the administrative costs of the proceeding to collect, and the size of the employer's business, when determining the penalty to be imposed. In addition, the Mayor may assess more than one administrative penalty against an employer for the same adversely affected employee if the employer has violated more than one statutory provision of this subchapter.
(e) No administrative penalty shall be collected unless the Mayor provides any person alleged to have violated a provision of § 32-1010 notification of the violation, notification of the amount of the administrative penalty to be imposed, and an opportunity to request an informal hearing. If an informal hearing is requested, the Mayor shall issue a final order following the hearing containing a finding that a violation has or has not occurred. If an informal hearing is not requested, the person to whom notification of violation was provided shall transmit to the Mayor the amount of the penalty within 15 days following notification.
CREDIT(S)
(Mar. 25, 1993, D.C. Law 9-248, § 12, 40 DCR 761; Apr. 3, 2001, D.C. Law 13-245, § 2, 48 DCR 647.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 36-220.10.
Effect of Amendments
D.C. Law 13-245 added subsecs. (d) and (e).
Legislative History of Laws
For legislative history of D.C. Law 9-248, see Historical and Statutory Notes following § 32-1001.
Law 13-245, the “Wage-Hour Enforcement Amendment Act of 2000”, was introduced in Council and assigned Bill No. 13-681, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 21, 2000, it was assigned Act No. 13-530 and transmitted to both Houses of Congress for its review. D.C. Law 13-245 became effective on April 3, 2001.
Miscellaneous Notes
Section 4 of D.C. Law 13-245 provides:
“The Mayor, pursuant to title 1 of the District of Columbia Administrative Procedure Act shall issue regulations to implement the provisions of this act.”