The D.C. Council has postponed votes on the Hours and Scheduling Stability Act (the “Scheduling Act”) and the Universal Paid Leave Act (the “Leave Act”), two controversial bills that would impose significant burdens on D.C. employers.

The Scheduling Act seeks to impose burdensome restrictions on chain retailers’ and chain restaurants’ ability to schedule and hire employees.  It would require covered employers in D.C. to, among other things, provide 21 days advance notice of an employee’s schedule and compensate employees for any changes to the schedule thereafter.  It also seeks to restrict an employer’s ability to hire new employees prior to offering available hours to existing employees.  Our previous blog post on the Scheduling Act can be found here.  The D.C. Council was scheduled to vote on the Scheduling Act on June 28, 2016, when it was abruptly removed from the agenda.  Council Member Vincent Orange sought to have the bill placed on the July 12, 2016 agenda, but his request was denied.  These developments suggest that the Scheduling Act is facing significant opposition that could require significant changes before it is brought up for a vote.

The second law affected by the postponement, the Leave Act, seeks to provide nearly all D.C. employees up to 16 weeks of paid leave at varying rates of pay based upon the employee’s earnings.  It would be funded by a tax on employee earnings paid by employers.  Our previous blog posts on the Leave Act can be found here and here.  Since introduced in 2015, the law has faced significant hurdles in the Council.  Votes have been postponed in the past due to concerns over the cost of the law.  The amended Leave Act was expected to be introduced and voted on by the Council on July 12, 2016, but ultimately was not placed on the agenda.

We will continue to monitor and report on developments regarding these bills and other employment-related legislation in the D.C. Council.

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.