Labor and Employment Lawyer in Washington, D.C.

Injustice in the workplace persists, despite several federal and District of Columbia laws designed to protect workers from exploitation, discrimination, and inequality. Even today, Washington DC’s workers may experience disadvantages due to their color, disability, race, gender, and other traits.

Morgan & Morgan thinks worker exploitation and discrimination are unacceptable. We work tirelessly to help employees stand up against unscrupulous employers and receive what they deserve. If you are the victim of wage and labor violations or unlawful discrimination, our labor and employment lawyers in Washington, DC, want to hear from you. We could help you fight back and seek compensation. Contact us now for a free, no-obligation case review to identify your legal options.

Wage and Hour Law Violations in Washington, DC

If your employer violates wage and hour laws, such as denying you overtime pay or making illegal deductions from your paycheck, you could hold them to account. Some of the more common wage and hour violations include:

Minimum Wage Violations

According to the District of Columbia Department of Employment Services (DOES), the minimum wage in Washington, DC, is $16.10 per hour as of July 1, 2022. DC’s minimum wage is significantly higher than the current federal minimum wage of $7.25. The minimum wage for tipped employees in DC currently stands at $5.35 per hour.

Most employees are entitled to the mandated minimum wage. You should receive at least the equivalent of the hourly minimum wage even as a salaried employee. To check whether you are getting paid properly, divide your weekly salary by your weekly hours worked. Your employer is underpaying you if the amount is lower than the current minimum wage.

Under DC labor laws, you could be entitled to substantial compensation if an employer underpays you, as you could recover up to four times the amount you are owed, plus costs and attorney’s fees.  

Failing to Pay Overtime

According to the District of Columbia Minimum Wage Act, most employees are entitled to receive at least one and a half times their regular pay rate for any hours worked over 40 in a workweek. Employees may not receive the overtime pay they are entitled to due to:

• Employers miscalculating pay
• Workers receiving a flat salary
• Employers misclassifying workers as exempt

Failing to pay DC workers overtime pay is wage theft. If you suspect you should be paid overtime rates, contact a labor and employment lawyer in Washington, DC, for advice. If your employer violates minimum wage laws, you could recover up to four times the wages you are owed.

Failing to Pay Breaks

Employees in the District of Columbia generally do not have to give workers any breaks. That said, if they allow staff to take breaks, employers must pay for breaks lasting 20 minutes or less. Longer meal breaks of thirty minutes or more may be unpaid as long as the employee is relieved of all job duties and can use the time as they wish.

Unlawful Paycheck Deductions

Employers in DC are generally not allowed to deduct amounts from an employee’s paycheck for any items that benefit the employer, such as work equipment, lost revenue due to theft, or uniforms. However, there are some exceptions. Employers may make certain deductions, including taxes, pension deductions, and court garnishments.

Employment Discrimination

Various federal laws and the DC Human Rights Act (DCHRA) protect employees from discrimination in the workplace. According to the laws, employees must not be discriminated against due to their:

• Color
• Age
• Race
• National Origin
• Disability
• Religion
• Gender
• Pregnancy
• Sexual orientation
• Marital status

Examples of Unlawful Discrimination in the Workplace

Discrimination can take many forms and may be overt or subtle. Some examples of unlawful discrimination at work or during the recruitment process include:

• Turning down a candidate for a job or promotion due to age
• Refusing to hire or interview an individual based on their color, race, or nationality
• Failing to provide reasonable accommodations for disabled employees
• Racial slurs or other forms of discriminatory harassment by managers or supervisors
• Firing a pregnant employee
• Treating genders unequally regarding pay and benefits
• Wrongful termination

Workers are entitled to be treated fairly and respectfully regardless of racial background, age, or disability. Discrimination at work is not only illegal but also deeply distressing. You can and should demand justice and compensation if you experience illegal discrimination at work. Our labor and employment lawyers in Washington, DC, could help you fight back and file a claim or lawsuit against your employer.

Unlawful Retaliation in Washington, DC

Retaliation against employees is illegal. Employers may retaliate against employees for several reasons, such as filing or assisting with a discrimination or workers’ compensation claim.

Retaliation is the most common charge filed with the U.S. Equal Employment Opportunity Commission (EEOC). In 2021, more than half of all discrimination charges were based on retaliation.

Refusing Family and Medical Leave

In Washington, DC, workers enjoy a generous family and medical leave allowance compared to other states. In addition to 12 weeks of unpaid leave granted to employees in the federal Family and Medical Leave Act (FMLA), workers in DC can take a further four weeks’ leave, up to 16 weeks altogether. You could be eligible for family and medical leave when you:

• Give birth or adopt a child
• Experience a temporary disability or significant medical condition preventing you from working
• Care for a family member experiencing significant illness

In addition to unpaid leave, DC employees may also qualify for paid leave in certain circumstances.

If an employer wrongfully denies you family or medical leave in DC, they are breaking the law, and you could have legal recourse. If this happens to you, you can file a complaint with the Washington, DC, Office of Human Rights (OHR).

Your Rights When Returning to Work

An employer is not only required to provide you with adequate emergency leave, but must also restore you to your previous position or an equivalent job when you return to work. The position must be sufficiently similar to your job regarding working conditions, pay and benefits, and duties.