2020 District of Columbia Code
Title 32 - Labor
Chapter 1A-i - Workplace Safety Protections During a Public Health Emergency
§ 32–141.05. Enforcement by the Attorney General

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a)(1) The Attorney General has the authority to enforce this chapter by conducting investigations (of the Attorney General's own volition or after receiving a complaint from the Mayor or another person or entity), receiving complaints, and instituting actions. The Attorney General shall have the power to administer oaths and examine witnesses under oath; issue subpoenas; compel the attendance of witnesses; compel the production of papers, books, accounts, records, payrolls, documents, and testimony; and to take depositions and affidavits in any investigation or proceeding conducted to enforce this chapter.

(2) A person to whom a subpoena or notice of deposition has been issued pursuant to paragraph (1) of this subsection shall have the opportunity to move to quash or modify the subpoena, or to object to the notice of deposition in the Superior Court of the District of Columbia. In case of the failure of a person to comply with any subpoena lawfully issued under this subsection, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or any judge thereof, upon application by the Attorney General, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify therein.

(b) The Attorney General, acting in the public interest, including the need to deter future violations, may enforce this chapter by commencing a civil action in the name of the District of Columbia in a court of competent jurisdiction on behalf of the District or on behalf of one or more aggrieved employees.

(c) Upon prevailing in an action initiated pursuant to this section, the Attorney General shall be entitled to:

(1) Reasonable attorneys' fees and costs, including fees and costs for any action brought by the Attorney General under subsection (a)(2) of this section;

(2) Statutory penalties in an amount not greater than the maximum civil fine provided under § 32-141.04(c);

(3) The payment of restitution for lost wages, for the benefit of aggrieved employees; and

(4) Equitable relief as may be appropriate.

(May 13, 2021, D.C. Law 24-6, § 105, 68 DCR 003198.)

For temporary (90 days) creation of this section, see § 105 of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).

For temporary (90 days) creation of this section, see § 105 of Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-7, Feb. 1, 2021, 68 DCR 001822).

For temporary (90 days) creation of this section, see § 105 of Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-483, Nov. 16, 2020, 67 DCR 13860).

For temporary (90 days) creation of this section, see § 105 of Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020 (D.C. Act 23-384, Aug. 13, 2020, 67 DCR 9870).

For temporary (225 days) creation of this section, see § 105 of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).

For temporary (225 days) creation of this section, see § 105 of Protecting Businesses and Workers from COVID-19 Temporary Amendment Act of 2020 (D.C. Law 23-168, Dec. 23, 2020, 67 DCR 13025).