The Department of Employment Services (DOES) is the agency responsible for handling workers’ compensation benefits for private-sector employees. All employers who have at least one employee who is not a business owner are required to carry workers’ compensation insurance. The law allows you to file for self-insurance which must be approved by DOES.

Sole proprietorships and partnerships can cover themselves for workers’ compensation, but it not a legal requirement. If you are a homeowner with a domestic worker who averages more than 240 hours during a calendar quarter in the same or previous year is also required to have workers’ compensation coverage.

Employees who are Eligible for Benefits

Workers’ compensation benefits will cover your employees for all illnesses and injuries that happen during the course of their job duties. This can include injuries sustained while doing normal duties as well as work errands. Any injury that occurs while they are off-duty are not covered. For example, someone who is injured on their lunch break while at a restaurant or driving home from work would not be covered.

Traumatic injuries are occupational illnesses are both covered by workers’ compensation benefits. A traumatic injury would be one where your employee had a slip and fall accident whereas an occupational illness is something that develops over time. It could be a repetitive motion injury or an illness that can be linked to exposure to harmful substances or chemicals on the job site.

Federal employees are subject to different regulations in regard to workers’ compensation coverage and independent contractors in the District of Columbia have no coverage at all.

Time Limits for Benefits

Employees are required to report their injuries to you within 30 days of the injury or within 30 days of learning that the injury is related to work. Once you receive the notice, you are required to file an Employer’s First Report of Injury or Occupational Disease within 10 days.

Claim Denials

If you or your workers’ compensation carrier deny an employee’s claim, be advised the employee has the right to appeal. The appeal starts when the employee files an Application for Formal Hearing. The Administrative Hearings Division will set a hearing date in front of a workers’ compensation judge who will render their decision. If the employee disagrees with the decision, they may file another appeal with the Workers’ Compensation Board.

Retaining a Washington DC Employment Law Attorney

If you run a business and have questions on workers’ compensation or any other employment and labor law topics, contact the team at Tobin O’Connor Concino P.C. at 202-362-5900 to schedule a consultation.

Resource:

does.dc.gov/page/workers-compensation-does

Knowing federal and state employment and labor laws is important. This is why it’s critical to have a Washington DC employment and labor law attorney on retainer. Your attorney can review your human resources manuals, company policies, and advise you on the areas where you could run into trouble with your hiring and firing practices.

Wrongful termination also includes employees who feel they were discriminated against, which may involve covered federal protections until Title VII and other related laws. You cannot fire someone because of their sex, race, age, religion, national origin, sexual orientation, or disability, for example. If you fire someone who has presented a lawful whistleblower claim in connection with potential unlawful or fraudulent activity, there may be separate protections available to whistleblowers.

There are some situations where an employee may feel they were wrongfully terminated, but it does not fall under the federal or local protections. You have a right to let someone go who you believe made a mistake on their job, or perhaps you do not get along with the employee and they do not fit well within the department. As long as those terminations were based on the wrongdoing or attitude problem rather than based on discriminatory practices, you should not be at risk.

What Remedies do Wrongfully Terminated Employees Have?

If you have a former employee who is claiming wrongful termination, you need to know what potential risks you are facing. Some of the remedies afforded to wrongfully terminated employees include:

• Reinstatement of position
• Reinstatement of seniority and benefits
• Compensation for emotional stress
• Back pay
• Mandatory HR policy changes to protect other employees
• Attorney’s fees and court costs
• Potential punitive damages in some cases to keep an employer from engaging in this behavior again

As the employer, you are also subject to potential penalties resulting from your failure to abide by federal and/or state employment standards. Some of these may include:

• Garnishment — if you discriminate based on child support withholding, which can include not responding to garnishment requests within 90 days, you could be fined up to $10,000 which would be paid to the employee to cover child support payments.
• Jury duty ­— Not allowing someone to attend jury duty could result in a criminal contempt of court with a fine of up to $300 and/or 30 days in jail for the first offense. The second offense rises to up to a $5,000 fine and/or 180 days in jail, and you’re liable to the employee for their lost wages, reinstatement of their job, and any attorney’s fees.
• Whistleblower — If you fired someone in retaliation for being a whistleblower, they can file a civil suit against you within a one-year statute of limitations.
  

Contact a Washington DC Employment Law Attorney

If you have a business in the Washington DC area, contact the knowledgeable employment law attorneys at Tobin O’Connor Concino P.C. at 202-362-5900 to schedule a consultation.

Resource:

eeoc.gov/laws/statutes/titlevii.cfm

Off-the-Clock Overtime Claims

The hardest claims to defend are “off-the-clock” overtime claims, which are ones where an employee was off the clock and didn’t report the hours, sometimes claiming fear that they would be reprimanded by their supervisor. Sometimes an employee will make these claims months, or even years, after the alleged work took place. Rather than wait for someone to bring a claim and try to defend it, you can also take proactive steps to try and mitigate any potential risk.

Important Topics to Address

In order to reduce the number of unpaid wage claims presented, there are some factors you can address in your employment handbooks, HR policies, new hire orientation, etc. These include:

• Clearly explain your overtime policy during new hire orientation. Non-exempt employees should sign a form acknowledging they understand the policies in place.
• Review all job descriptions to verify that employees are properly categorized (non-exempt versus exempt).
• Train your management staff on circumstances where overtime may be appropriate and what the process is for approving it.
• Update your current overtime policy so that is clearly references when non-exempt employees can work remotely, at home, or anywhere else outside of the office, as a way to reduce any “off-the-clock” overtime claims.
• Use timesheet certifications or other methods that track clocking in and clocking out.
• Be proactive in monitoring the amount of overtime your non-exempt employees are working.
• Update your company’s handbook to reflect the proper procedure for reporting hours, how overtime is managed, and confirm that employees understand that no manager has the authority to tell them not to record any and all hours worked.
• Review your current Employment Practices Liability Insurance, or EPLI, policies to verify what coverage, if any, exists for overtime claims, including defense costs, indemnity, settlement, etc.
• If you believe overtime was worked, you should compensate a non-exempt employee for their time. However, it’s important to discuss overtime policies with them and what steps need to be taken the next time before any overtime will be approved.

Compensating Non-Exempt Employees

Employees who are non-exempt are entitled to be paid for the hours they work. But, it’s also important they are following all policies and procedures regarding when and how overtime is authorized. If working at home is authorized, they need to have a clear understanding of when that is approved and how they report the hours. As the employer, you should not be in the position of trying to prove something like off-the-clock hours did not happen. Educating employees and your management team can go a long way in reducing the risk of these types of wage claims.

Retaining a Washington DC Employment Law Attorney

If your company is facing an unpaid wage or “off-the-clock” overtime claim, it’s important to retain a knowledgeable Washington DC employment and labor law attorney. At Tobin O’Connor Concino P.C., we specialize in these types of claims. We can also help you before a claim is presented by making sure your policies and handbook comply with all applicable laws. Contact our office at 202-362-5900 to schedule a consultation.

What is a Severance Agreement?

Severance agreements are legally enforceable agreements that can be drafted when someone is terminated from their employment. The agreement typically covers terms like how much severance pay you’ll receive, in exchange for getting you to give up your rights to sue the employer. In some cases, employers might try to get you to sign an onerous non-compete clause too.  Severance agreements are common during layoffs, but they can be used in other employment termination scenarios too.

Assert Your Rights

Before you sign any agreement, it’s best to take some time to think it over and talk to a Washington DC employment attorney. In some cases, employers try to take advantage of their employees in these situations, which is why it’s good to have an attorney look at the terms of the agreement.

You have the right to take some time to review the agreement and/or have an attorney review it. For example, if they try to force you to sign it immediately, or even the next day, it can be considered an unfair practice. If you are over 40, there are federal laws that protect you as well. Employers are required to give an employee 21 days to consider the terms, and if two or more employees are being laid off, any employee 40 and over must get 45 days. You also have seven days to revoke the signed agreement. Be wary of employers who try to violate this rule by wording the revocation clause to say on the close of business rather than midnight on the 7^th day.

It’s also your right to negotiate the agreement as well. Don’t waive any claims that are related to your original employment agreement. An example is an employment agreement that includes a clause about what a severance package will be. If the employer tries to add on new terms now, like a non-compete clause, then they should be paying additional monies.

One way to leverage a better severance agreement is by asserting a legal claim. This is where employment attorneys can be helpful as there may be a situation at work that constitutes a breach of contract, discrimination, or more. If there is a valid legal claim for wrongful termination you can make, it increases your negotiating power.

If your employer refuses to negotiate with you, the next step is to file an administrative complaint with federal and state agencies. A lawsuit should be your last resort.

Retaining an Employment Lawyer

Negotiating severance agreements can be challenging, which is why it’s important to at least meet with a Washington DC employment attorney to discuss the terms of the agreement presented. The attorneys at Tobin O’Connor Concino P.C. have experience in employment and business law matters. Contact our office online or at 202-362-5900 to schedule a consultation today.