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District of Columbia Employment and Labor Law delivers in-depth analysis of the statutes, regulations and case law governing employment and labor issues in Washington, D.C. Designed for practitioners and students, this treatise pairs legal analysis with practical tools, including practice notes, checklists and forms, to support day-to-day employment law work.
Publisher: LexisNexis
District of Columbia Employment and Labor Law provides detailed, practice-oriented coverage of employment and labor law in Washington, D.C. This single-volume treatise examines the statutory, regulatory and judicial authorities that shape the District’s employment landscape, offering clear explanations of how the law applies in real-world practice.
The treatise addresses a broad range of employment topics, including employment relationships and classifications, wage and hour requirements, workplace health and safety, employer recordkeeping and reporting obligations and employee privacy and testing issues. It also analyzes discrimination and harassment under applicable civil rights laws, employee leave and severance requirements, labor relations and collective bargaining and benefits and retirement plans.
Throughout the treatise, analytical discussion is supported by practice notes, checklists and forms that help practitioners translate legal requirements into actionable guidance. Explanations connect these tools directly to the underlying law, supporting effective compliance, counseling and advocacy.
Focused exclusively on District of Columbia law, District of Columbia Employment and Labor Law expands and deepens jurisdiction-specific coverage requested by users and serves as a practical resource for navigating employment and labor issues in the District.
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CHAPTER 1: THE EMPLOYMENT RELATIONSHIP
§ 1.01 Introduction
§ 1.02 The General Nature of the Employment Relationship
§ 1.03 Employee v. Independent Contractor Tests
§ 1.04 Covered “Employees” and Worker Classification
§ 1.05 Covered “Employers”
§ 1.06 Formation of an Employment Relationship
§ 1.07 Conclusion
CHAPTER 2: EMPLOYMENT AGREEMENTS
§ 2.01 General Provisions — Breach of Contract
§ 2.02 Restrictive Covenants
§ 2.03 Domestic Worker Contracts
§ 2.04 Union Contracts
§ 2.05 Conclusion
CHAPTER 3: EMPLOYERS AND EMPLOYEES: DUTIES AND LIABILITIES
§ 3.01 Overview of Relational Duties
§ 3.02 Good Faith and Fair Dealing
§ 3.03 Loyalty
§ 3.04 Employers’ Liability
§ 3.05 Workplace Torts
§ 3.06 Defamation
§ 3.07 Employee Privacy
§ 3.08 Conclusion
CHAPTER 4: COLLECTIVE ACTION
§ 4.01 Introduction
§ 4.02 Federal Regulation of Private Sector Labor Relations
§ 4.03 Scope and Coverage of the NLRA
§ 4.04 Employee Rights Under the NLRA
§ 4.05 Representation Proceedings
§ 4.06 Collective Bargaining
§ 4.07 Employer Unfair Labor Practices
§ 4.08 Union Obligations
§ 4.09 Adjudication of Unfair Labor Practice Cases Before the NLRB
§ 4.10 Employee Grievance Resolution
§ 4.11 State Regulation of Private Sector Labor Relations
§ 4.12 Public Sector Labor Relations in D.C.
§ 4.13 Conclusion
Chapter 5: Hiring
§ 5.01 Introduction
§ 5.02 Employer’s Duty Not to Discriminate
§ 5.03 Job Postings, Recruitment, and Disclosures
§ 5.04 Interviewing
§ 5.05 Background Checks
§ 5.06 Selection and Job Offers
§ 5.07 Special Provisions for Defined Categories of Workers
§ 5.08 Conclusion
CHAPTER 6: TESTING
§ 6.01 Introduction
§ 6.02 Drug and Alcohol Testing
§ 6.03 Polygraph Testing
§ 6.04 Medical Examinations
§ 6.05 Genetic Testing
§ 6.06 Fingerprinting
§ 6.07 Conclusion
CHAPTER 7: TERMINATION
§ 7.01 Introduction
§ 7.02 Ending the Employment Relationship
§ 7.03 Potential Liability Related to Termination
§ 7.04 Post-Termination Obligations
§ 7.05 Protections for Special Categories of Workers or Situations
§ 7.06 Conclusion
CHAPTER 8: UNEMPLOYMENT COMPENSATION
§ 8.01 Unemployment Compensation
§ 8.02 Benefits Eligibility
§ 8.03 Unemployment Fund and Employer Taxes
§ 8.04 Non-Discrimination Protections
§ 8.05 Conclusion
CHAPTER 9: THEORIES OF DISCRIMINATION
§ 9.01 General Principles
§ 9.02 Disparate Impact
§ 9.03 Disparate Treatment
§ 9.04 Harassment: Quid Pro Quo and Hostile Work Environment
§ 9.05 Conclusion
CHAPTER 10: DISCRIMINATION: CORE PROTECTIONS
§ 10.01 Introduction
§ 10.02 Federal and D.C. Laws
§ 10.03 Race and Color Discrimination
§ 12.04 Sex Discrimination
§ 12.05 National Origin Discrimination
§ 12.06 Discrimination Based on Religion
§ 12.07 Age Discrimination
§ 12.08 Disability Discrimination
§ 12.09 Additional Anti-Discrimination Protections
§ 12.10 Contracts and Section 1981
§ 12.11 Affirmative Action
§ 12.12 Conclusion
CHAPTER 11: ACCOMMODATIONS
§ 11.01 Introduction
§ 11.02 Accommodating Disability
§ 11.03 Accommodating Religion
§ 11.04 Accommodating Needs Related to “Pregnancy, Childbirth and Related Conditions”
§ 11.05 Accommodating Needs Related to Gender-Based Violence
§ 11.06 Accommodating Gender Identity and Expression
§ 11.07 Leave as a Reasonable Accommodation
§ 11.08 Conclusion
CHAPTER 12: HOURS OF WORK AND PAYMENT OF WAGES
§ 12.01 Introduction
§ 12.02 Wages
§ 12.03 Hours of Work
§ 12.04 Minimum Wages
§ 12.05 Overtime
§ 12.06 Payment of Wages
§ 12.07 Time Off From Work
§ 12.08 Special Wage and Hour Issues
§ 12.09 Conclusion
CHAPTER 13: SAFETY
§ 13.01 Introduction
§ 13.02 Occupational Safety and Health
§ 13.03 Additional District Safety and Heath Provisions
§ 13.04 Workers’ Compensation
§ 13.05 Conclusion
CHAPTER 14: EMPLOYEE HEALTH CARE, DISABILITY AND RETIREMENT PLANS, AND OTHER NON-WAGE COMPENSATION
§ 14.01 Overview
§ 14.02 Common Terminology
§ 14.03 Federal Statutory and Regulatory Framework
§ 14.04 D.C. Statutory and Regulatory Framework
§ 14.05 Employer-sponsored Health Benefits
§ 14.06 Eligibility, Enrollment, and Continuation of Benefits
§ 14.07 Employer Self-funding
§ 14.08 Group Life Insurance
§ 14.09 Employee Assistance Programs
§ 14.10 Employee Wellness Programs
§ 14.11 Retirement Benefits
§ 14.12 Disability Benefits
§ 14.13 Employee Privacy
§ 14.14 2025 Update: One Big Beautiful Bill Act
§ 14.15 Conclusion
CHAPTER 15: RETALIATION
§ 15.01 Introduction
§ 15.02 Statutory Retaliation Protections
§ 1503 Statutory Whistleblower Protections
§ 15.04 Other Whistleblower Protections for Employees
§ 15.05 Wrongful Termination in Violation of Public Policy
§ 15.06 Conclusion
CHAPTER 16: AFFIRMATIVE DEFENSES
§ 16.01 Defining Affirmative Defenses
§ 16.02 Defenses Generally Available to Employers
§ 16.03 Additional Defenses Available Primarily in Discrimination Claims
§ 16.04 Defenses Available in Accommodation Claims
§ 16.05 Defenses Available in Other Claims
§ 16.06 Conclusion
CHAPTER 17: ENFORCEMENT AND REMEDIES
§ 17.01 Overview
§ 17.02 Options for Enforcing Workplace Disputes
§ 17.03 Remedies
§ 17.04 Fines, Penalties, and Restitution
§ 17.05 Conclusion
CHAPTER 18: NOTICES, RECORDKEEPING, AND REPORTING
§ 18.01 Introduction
§ 18.02 Employer Onboarding Documentation and Notices
§ 18.03 Required Workplace Posters
§ 18.04 Employer Record Retention Obligations
§ 18.05 Reporting Requirements
§ 18.06 Conclusion