As we previously reported, in December 2016 the D.C. Council passed the Universal Paid Leave Amendment Act of 2016 (the “Act”).  If it becomes law, the Act will provide all full and part time private sector workers in D.C. with eight (8) weeks of paid leave to care for a new child, six (6) weeks of leave to care for a sick family member, and two (2) weeks for a personal illness.  The new benefit would be funded by a new payroll tax of 0.62% imposed on employers.  If the Act ultimately becomes law, D.C. employers would begin paying this new tax by July 1, 2019, and employees would be able to access the new benefit beginning July 1, 2020.

On February 15, 2017, Mayor Muriel Bowser announced in a letter sent to D.C. Council Chairman Phil Mendelson that she would neither sign nor veto the Act.  In her letter, Mayor Bowser noted several “grave concerns about this legislation,” including that it:

  • Represents a significant tax increase;
  • Establishes one of the largest government agencies in D.C. for a program where non-D.C. residents are expected to receive two-thirds of the program’s benefits; and
  • Withholds the benefit until 2020.

Mayor Bowser urged the D.C. Council to develop “ways to overcome the[se] very significant deficiencies.”

The Act will now be submitted to Congress for review for a period of 30 legislative days before becoming law. The Act will become law unless, during that review period, Congress overturns the Act via a joint resolution which is signed by the President.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.