Washington, DC Hotels & Lodging: Hotel Worker Retention (2026)
Key Facts
- Transition period
- 90 days
- Prior-tenure threshold
- 8 months with old contractor
- Contractor size threshold
- 25+ employees
- Minimum hours covered
- 15 hours/week
- Relocation retention rule
- 50% of staff within 30 days
- Notice to successors
- within 10 days of award
Summary
When a hotel or building-service contract changes hands in D.C., the incoming contractor must keep qualifying food-service, janitorial, health-care-support and security workers on the job for a 90-day transition period under D.C. Code § 32-102. Coverage reaches hotel food service staff by name.
(b) A new contractor who is awarded a contract to provide similar covered services provided by the previous contractor shall retain, for a 90-day transition employment period, covered employees who have been employed by the previous contractor for the preceding 8 months or longer at the site or sites covered by the contract. ... (e) Except as provided in subsection (c) of this section, the new contractor shall not discharge an employee retained pursuant to this chapter during the 90-day transition period without cause.
Full Breakdown
C. Code § 32-101 covers contractor-hired food service workers in hotels, restaurants, cafeterias, apartment buildings, hospitals and nursing facilities, plus janitorial/building-maintenance, nonprofessional health-care-support and security workers, as long as they work 15+ hours a week and are not exempt executive/administrative/professional employees under FLSA § 13(a)(1). A "contractor" is defined as an entity employing 25 or more persons. Under § 32-102, the outgoing contractor must give prospective successors, within 10 days of a new contract award, the names, hire dates and job classifications of all covered employees at the site.
The new contractor must then retain, for a 90-day transition employment period, any covered employee who worked for the prior contractor for 8 months or longer at that site. If fewer workers are needed than before, retention follows seniority within job classification, and the new contractor must keep a preferential hiring list of employees not initially retained. During the 90 days the new contractor cannot discharge a retained worker without cause, and at the end of the period must give each retained employee a written performance evaluation, offering continued employment if performance was satisfactory.
If a contractor loses a District contract but wins a similar one elsewhere in the District within 30 days, it must retain at least 50% of the employees from each site as needed to staff the new contract. C. Law 10-105.
Violations & Fines
A wrongfully discharged employee may sue in D.C. Superior Court under § 32-103 and recover back pay for every day the violation continues, calculated at the higher of the employee's average regular pay rate over the last 3 years in that job classification or the employee's final regular rate, plus the cost of benefits the new contractor would have provided under its own benefit plan. The prevailing party is entitled to reasonable attorney's fees, and the chapter does not bar a separate common-law wrongful-termination claim.
Frequently Asked Questions
Does D.C.'s worker retention law cover hotel workers?
How long must a new contractor keep the old staff?
Can a worker sue if wrongfully let go during the transition?
Sources & Official References
Other rules in Washington
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