What Most Employers in Washington D.C. Need to Do Before October 31

We previously posted about Washington, D.C.’s new law governing non-competes, which became effective on October 1, 2022.  D.C. employers, however, should be aware of a provision buried in the law that has nothing to do with non-competes and requires action by the end of this month.   

In addition to regulating non-competes, the new law requires that employers with confidentiality policies (defined as those prohibiting “disclosing, using, selling, or accessing the employer’s confidential employer information or proprietary employer information”) and moonlighting and/or conflict of interest policies (defined as those prohibiting “accepting money or a thing of value for performing work for a person other than the employer”) must provide “a written copy” of these policies to their D.C. employees by October 31, 2022. 

An “employee” is broadly defined as any “individual who performs work for pay in the District on behalf of an employer.”    

The law also requires that companies provide a written copy of such policies (i) within 30 days of an employee’s hire and (ii) any time the policy changes. 

Failing to comply with the notice requirement can result in a fine of up to $1,000 per employee, as well as a monetary payment of $250 per employee, which can be obtained through an administrative action or private suit.