WAGE AND HOUR DEMAND LETTER
District of Columbia
D.C. Wage Payment and Collection Law / Minimum Wage Revision Act / FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[Washington, D.C. ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[D.C. Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under D.C. and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the D.C. Minimum Wage Revision Act, D.C. Code Section 32-1001 et seq., the D.C. Wage Payment and Collection Law, D.C. Code Section 32-1301 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. DISTRICT OF COLUMBIA-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
The District of Columbia has among the most comprehensive and employee-protective wage and hour laws in the nation, with a high minimum wage indexed to inflation and treble damages for violations.
Key Legal Framework:
| Category | D.C. Requirement | Citation |
|---|---|---|
| Minimum Wage | $17.50/hour (July 2024; CPI-indexed) | D.C. Code Section 32-1003(a) |
| Overtime | 1.5x regular rate after 40 hours/week | D.C. Code Section 32-1003(c) |
| Tipped Minimum | $10.00/hour (increasing to full minimum by 2027) | D.C. Code Section 32-1003(f) |
| Payment Frequency | At least twice per month | D.C. Code Section 32-1302 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| D.C. Wage Payment Act | 3 years | D.C. Code Section 32-1308(c) |
| D.C. Minimum Wage Act | 3 years | D.C. Code Section 32-1012 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. D.C. Wage Payment Requirements
Wage Payment Timing:
- D.C. Code Section 32-1302: Employers must pay wages at least twice per month on regular paydays
- Final wages: Due on the next regular payday or within 7 days after discharge, whichever is earlier
- D.C. Code Section 32-1303: Employers must provide itemized wage statements
Payroll Deductions:
- D.C. Code Section 32-1303: Deductions only permitted with written authorization
- Deductions cannot reduce wages below minimum wage
- Certain deductions prohibited even with consent (e.g., cash register shortages under some circumstances)
D. Enforcement Mechanisms
Administrative:
- D.C. Department of Employment Services (DOES), Office of Wage-Hour
- File complaint online or at: 4058 Minnesota Avenue, NE, Washington, DC 20019
- Phone: (202) 671-1880
- Administrative investigation and enforcement available
Private Right of Action:
- D.C. Code Section 32-1308: Private action for unpaid wages
- D.C. Code Section 32-1012: Private action for minimum wage violations
- Class action mechanism available under D.C. law
- FLSA collective action also available under 29 U.S.C. Section 216(b)
E. Treble Damages and Penalties
D.C. provides strong remedies for wage violations:
| Remedy | Standard | Citation |
|---|---|---|
| Liquidated Damages | Treble (3x) unpaid wages | D.C. Code Section 32-1308(a)(1)(A) |
| Attorney's Fees | Mandatory for prevailing plaintiff | D.C. Code Section 32-1308(a)(1)(A) |
| Administrative Penalties | Up to $10,000 per violation | D.C. Code Section 32-1308.01 |
| Willful Violations | Criminal penalties possible | D.C. Code Section 32-1307 |
F. Tip Credit Rules (D.C.)
D.C. is phasing out the tip credit under Initiative 82:
| Requirement | Standard (2024) | By 2027 |
|---|---|---|
| Cash wage minimum | $10.00/hour | Full minimum wage |
| Tip credit maximum | $7.50/hour | $0 (eliminated) |
| Notice required | Yes, before taking credit | N/A |
| Tip pooling | Restricted | Restricted |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in the District of Columbia. During this employment, [Company Short Name] violated D.C. and federal wage laws by:
[ ] Failing to pay the D.C. minimum wage of $17.50 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Failing to pay wages on regular paydays as required by D.C. Code Section 32-1302
[ ] Failing to pay final wages timely upon separation
[ ] Making unlawful deductions that reduced wages below minimum wage
[ ] Unlawful tip pooling or tip credit violations
[ ] Failing to provide required wage statements
These violations entitle our client to treble damages under D.C. law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in D.C.] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Coverage Under D.C. Law
D.C. Minimum Wage Revision Act Coverage:
The Act applies to all employers in the District of Columbia, with limited exceptions. D.C. Code Section 32-1002. [Company Short Name] is a covered employer because [describe basis for coverage].
D.C. Wage Payment and Collection Law Coverage:
The law applies to all employers who employ employees in D.C. D.C. Code Section 32-1301.
B. Minimum Wage Violation (D.C. Code Section 32-1003)
D.C. law requires covered employers to pay employees at least $17.50 per hour. By [describe violation], [Company Short Name] failed to pay our client the required minimum wage.
C. Overtime Violation (D.C. Code Section 32-1003(c))
D.C. law requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Wage Payment Violations
[Company Short Name] violated D.C. Code Section 32-1302 by:
- [Failing to pay wages on regular paydays]
- [Failing to pay final wages within required timeframe]
- [Other payment timing violations]
E. Treble Damages
Under D.C. Code Section 32-1308(a)(1)(A), our client is entitled to treble (three times) the amount of unpaid wages, plus costs and reasonable attorney's fees.
V. DAMAGES CALCULATION
A. D.C. Law Damages
Relevant Period: [Date - 3 years prior] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Treble Damages (3x wages under D.C. law) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class Action Exposure
If this case proceeds as a class action under D.C. law or FLSA collective action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Treble Damages | $[Amount] | [X employees] | $[Amount] |
| Class/Collective Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Treble damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] D.C. Superior Court
[ ] United States District Court for the District of Columbia
The Complaint will seek:
1. Unpaid minimum wages under D.C. Code Section 32-1003
2. Unpaid overtime under D.C. Code Section 32-1003(c)
3. Violations of D.C. Wage Payment and Collection Law
4. Treble damages under D.C. Code Section 32-1308(a)(1)(A)
5. Attorney's fees and costs under D.C. Code Section 32-1308(a)(1)(A)
6. Class certification under D.C. Superior Court Rules / FLSA collective action certification
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DOES investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and applicable D.C. evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[D.C. Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
DISTRICT OF COLUMBIA-SPECIFIC PRACTICE NOTES
[ ] High Minimum Wage: D.C. has one of the highest minimum wages in the nation ($17.50), adjusted annually for CPI
[ ] Treble Damages: D.C. provides treble (3x) damages, making it more favorable than FLSA's double damages
[ ] Tip Credit Phase-Out: Initiative 82 is phasing out the tip credit by 2027; track current requirements
[ ] Strong Administrative Enforcement: DOES Office of Wage-Hour actively investigates complaints
[ ] Forum Selection:
- D.C. Superior Court: State law claims, class actions
- U.S. District Court for D.C.: Federal FLSA claims, may have concurrent jurisdiction
[ ] Class/Collective Actions: Both D.C. Rule 23 class actions and FLSA Section 216(b) collective actions available
[ ] Sick Leave: D.C. Accrued Sick and Safe Leave Act may provide additional claims
[ ] DOES Contact: Office of Wage-Hour
- Address: 4058 Minnesota Avenue, NE, Washington, DC 20019
- Phone: (202) 671-1880
- Website: does.dc.gov