Signed in January, 2024 by Washington, D.C. Mayor Muriel Bowser, the Wage Transparency Omnibus Amendment of 2023 would apply to all employers with at least one employee in the District of Columbia, excluding the federal government. The amendment will require employers to disclose pay ranges in job postings and will prohibit the use of salary history in the background check process.

This legislation reflects an amendment to the Wage Transparency Act of 2014, under which D.C. employers are prohibited from:

• Requiring that employees refrain from inquiring about, disclosing, comparing or discussing their own wages or the wages of another employee
• Discharging, disciplining, interfering with or otherwise retaliating against an employee for disclosing, comparing or discussing their wages or the wages of another employee
• Prohibiting or attempting to prohibit an employee from lodging a complaint or testifying, assisting or participating in an investigation or proceeding related to a violation of the statute

Employers remain subject to these existing prohibitions under the new legislation.

Under the new amendment, employers are prohibited from requiring a prospective employee's wage history to satisfy minimum or maximum criteria or as a condition of being interviewed/considered for a position. Likewise, employers will be banned from seeking wage history from an applicant's previous employer.

Washington D.C. employers are encouraged to review the specifics of the new Act as well as internal hiring protocols to determine if adjustments are required ahead of the projected June 30, 2024 effective date.

Posted: February 5, 2024