Payment of wages upon discharge or resignation of employee and upon suspension of work; employer’s liability for failure to make such payment.

Unless otherwise specified in a collective agreement between an employer and a bona fide union representing his employees: Whenever an employer discharges an employee, the employer shall pay the employee’s wages earned not later than the working day following such discharge; provided, however, that in the instance of an employee who is responsible for monies belonging to the employer, the employer shall be allowed a period of 4 days from the date of discharge or resignation for the determination of the accuracy of the employee’s accounts, at the end of which time all wages earned by the employee shall be paid. Whenever an employee (not having a written contract of employment for a period in excess of 30 days) quits or resigns, the employer shall pay the employee’s wages due upon the next regular payday or within 7 days from the date of quitting or resigning, whichever is earlier. When work of an employee is suspended as a result of a labor dispute, the employer shall pay to such employee not later than the next regular payday, designated under § 32-1302, wages earned at the time of suspension. If an employer fails to pay an employee wages earned as required under paragraphs (1), (2), and (3) of this section, such employer shall pay, or be additionally liable to, the employee, as liquidated damages, 10 per centum of the unpaid wages for each working day during which such failure shall continue after the day upon which payment is hereunder required, or an amount equal to treble the unpaid wages, whichever is smaller. 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 chapter, the Living Wage Act, and the Sick and Safe Leave Act. 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 chapter, the Living Wage Act, and the Sick and Safe Leave Act, 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. 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 chapter, the Living Wage Act, and the Sick and Safe Leave Act to the employee and to the District. The District, the employee, or the employee’s representative shall notify the temporary staffing firm and employer of the alleged 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 as a result of the temporary staffing firm’s violations of this chapter, the Living Wage Act, and the Sick and Safe Leave Act. 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.