Civil actions.

A civil action may be commenced according to § 32-1308. Except as provided in paragraph (2) of this subsection, any employer who pays any employee less than the wage to which that employee is entitled under this subchapter shall be liable to that employee in the amount of the unpaid wages, statutory penalties, and an additional amount as liquidated damages equal to treble the amount of unpaid wages. The court may award an amount of liquidated damages less than treble the amount of unpaid wages, but not less than the amount of unpaid wages. In any action commenced to recover unpaid wages or liquidated damages, the employer shall demonstrate to the satisfaction of the court that: The act or omission that gave rise to the action was in good faith; That the employer had reasonable grounds for the belief that the act or omission was not in violation of this subchapter; and That the employer promptly paid the full amount of wages claimed to be owed to the employee. When the employer is a subcontractor alleged to have failed to pay an employee any wages earned, the subcontractor and the general contractor shall be jointly and severally liable to the subcontractor’s employees for violations of this subchapter. The subcontractor shall indemnify the general contractor for any wages, damages, interest, penalties, or attorneys’ fees owed by the general contractor as a result of the subcontractor’s violations of this subchapter, unless those violations were due to the general contractor’s lack of prompt payment in accordance with the terms of the contract between the general contractor and subcontractor. Any agreement between an employer and employee in which the employee agrees to work for less than the wages to which the employee is entitled under this subchapter or any regulation issued under this subchapter shall be no defense to any action to recover unpaid wages or liquidated damages. The Mayor is authorized to supervise the payment of unpaid wages and liquidated damages owed to any employee under this subchapter or any regulation issued under this subchapter, and the agreement of any employee to accept this payment, shall upon full payment, constitute a waiver by the employee of any right the employee may have under subsection (a) of this section to any unpaid wages, and an additional amount as liquidated damages. When a temporary staffing firm employs an employee who performs work on behalf of or to the benefit of another employer pursuant to a temporary staffing arrangement or contract for services, both the temporary staffing firm and the employer shall be jointly and severally liable for violations of this subchapter to the employee and to the District. The District, the employee, or the employer’s representative shall notify the temporary staffing firm and employer of the violations at least 30 days before filing a claim for these violations. Unless otherwise agreed to by the parties, the temporary staffing firm shall indemnify the employer for any wages, damages, interest, penalties, or attorneys’ fees owed by the employer as a result of the temporary staffing firm’s violations of this subchapter. Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014. Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.