Hiring employees in the District of Columbia: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in the District of Columbia has to register with the Department of Employment Services (DOES) for unemployment insurance and with the Office of Tax and Revenue for withholding, carry workers' compensation, pay the employer-funded 0.75% Paid Family Leave contribution, state the pay range in every job posting and tell candidates before the first interview whether healthcare benefits are offered, never ask about wage history or credit information, wait until after a conditional offer to ask about convictions (at more than 10 employees), give each new hire a written notice of hire and the Paid Family Leave notice, and report the hire within 20 days. Employment and search agencies need a District license. The District is a one-party consent jurisdiction for recording, next to all-party Maryland.

This page is the District of Columbia hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The District of Columbia hiring checklist at a glance

What must be in place before the first District of Columbia hire?

Two registrations, insurance and a Paid Family Leave account. DOES runs the unemployment insurance tax through its Employer Self Service Portal, and the Office of Tax and Revenue handles income tax withholding. The District's Paid Family Leave program is funded by employers, not employees: D.C. Code § 32-541.03(a) says a covered employer "shall contribute an amount equal to 0.75% of the wages of each of its covered employees," so do not deduct it from pay.

Workers' compensation applies to every employer: § 32-1534(a) says "Every employer shall secure the payment of compensation" through an authorized insurer or by qualifying to self-insure. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a District of Columbia license?

Yes, and the District reaches further than most states. D.C. Code § 32-402 bars anyone from operating an employment agency, an employment counseling service or an "employer-paid personnel service" without a license, so a contingency recruiter paid only by clients needs one as much as an agency that charges job seekers. The Department of Licensing and Consumer Protection issues it as the Employment Services category of the basic business license. Temporary staffing firms that never place workers permanently are exempt; executive search firms are not. See D.C. staffing agency licensing for the application and fee rules.

What must a District of Columbia job posting include, and can you ask about pay history?

The pay range, and a healthcare answer before the first interview. Since June 30, 2024, under D.C. Code § 32-1452, any employer with at least one employee in the District must state the minimum and maximum projected salary or hourly pay in every job listing and advertised position description, and disclose whether healthcare benefits are offered before the first interview. Fines escalate to $20,000 per violation from the third, and there is no small-employer exception. See the D.C. pay transparency guide.

The same section bars screening prospective employees on wage history, including requiring a candidate to disclose it to get an interview or stay in consideration, and seeking it from a former employer. Both rules are enforced by the government rather than by candidate lawsuits; see the D.C. salary history ban for what a recruiter may say.

When can you ask about criminal history or run a credit check?

After a conditional offer, for convictions only. The Fair Criminal Record Screening Amendment Act, D.C. Code §§ 32-1341 to 32-1346, covers employers with more than 10 employees in the District. It bars any inquiry about arrests, and about accusations that are not pending or did not end in a conviction, at any stage, and allows conviction questions only after a conditional offer, which may then be withdrawn only for a legitimate business reason judged against six factors. "Inquiry" includes application questions, interview questions and background checks. See D.C.'s ban-the-box law.

Credit information is off limits too. The Human Rights Act, D.C. Code § 2-1402.11, makes it an unlawful discriminatory practice to "require, request, suggest, or cause" an employee to submit credit information, or to use or inquire into it, with exceptions in subsection (d), such as where District law requires the check. Our credit check laws guide compares other jurisdictions.

Can you record or transcribe a job interview in the District of Columbia?

Yes, as a participant. Under D.C. Code § 23-542(b)(3), it is not unlawful for a person to record a call or conversation "where such person is a party to the communication," or where a party has consented. The complication is the map: many people interviewed by District employers live or work in Maryland, which requires every party's consent. See D.C. recording consent law for interviews and recording calls across state lines.

Does the District of Columbia regulate AI in hiring?

Not with a dedicated law as of October 2026: the District does not appear in our state-by-state AI hiring summary, and we found no enacted D.C. law requiring notice, consent or bias audits for AI hiring tools. The Human Rights Act's broad list of protected traits, including personal appearance, family responsibilities and credit information, applies to decisions an automated tool helps make, as does federal law; see Title VII disparate impact and AI hiring.

Can you drug test applicants in the District of Columbia?

Yes, with a timing rule for marijuana. D.C. Code § 32-931(a) says an employer "may only test a prospective employee for marijuana use after a conditional offer of employment has been extended," unless law requires otherwise, and it does not stop an employer from denying a position based on a positive test. A broader 2022 law, the Cannabis Employment Protections Amendment Act, appears in the Code at § 32-951.02 but is marked "Not Funded" there as of October 2026, so we do not rely on it here. Our drug testing laws guide compares states.

Does the District of Columbia require E-Verify?

No. As of October 2026, the D.C. Code does not require private employers, the District government or its contractors to use E-Verify, and does not restrict employers that enroll. In the Washington area the usual reason a company uses E-Verify is a federal contract clause, so the first thing to check is the contract file. See E-Verify requirements in the District of Columbia.

Which state withholding form does a new hire complete?

The District's Form D-4, the Employee Withholding Allowance Certificate, which OTR says is filed "with employer when starting new employment or when claimed allowances change," alongside the federal W-4. Employees who live outside the District file Form D-4A, the certificate of nonresidence, since the District taxes the wages of its residents rather than commuters, who generally owe tax to their home state. OTR notes that the D-4 is under review, so check for a new revision before printing onboarding packets.

Which notices must a new District of Columbia employee get at hire?

• Notice of hire. D.C. Code § 32-1008(c) requires every employer to furnish "at the time of hiring" a written notice with the employer's name, address and phone number, the rate and basis of pay, any allowances or overtime exemptions, the tip-sharing policy where relevant, and the regular payday, in English and in the employee's primary language if the Mayor has published a template in it. Keep a signed or electronic acknowledgment.
• Paid Family Leave notice. Under § 32-541.06(i)(3), each covered employer must give the Mayor's notice "at the time of hiring and annually thereafter," and when it learns leave is needed, and must post it in every language the Mayor has published.
• Non-compete terms. Non-competes are banned for most workers. For a highly compensated employee, earning at least the minimum qualifying annual compensation (set at $150,000 in the statute, or $250,000 for medical specialists), § 32-581.03 requires the provision in writing at least 14 days before the person starts, with the notice language in § 32-581.03a.

How do you report a new hire in the District of Columbia?

To the District of Columbia Directory of New Hires. D.C. Code § 46-226.06(b) requires the employer to report "within 20 days of the date an employee begins employment in the District of Columbia, or is rehired," with the employee's name, address and Social Security number, the employer's name, address and EIN, and the date of hire, "defined as the first day that the employee performed services for compensation." Electronic filers may send two monthly transmissions 12 to 16 days apart, and multi-state employers may designate one jurisdiction after notifying the federal Department of Health and Human Services. The civil penalty is $25 per employee, or $500 for a conspiracy not to report, assessed each month until the employer complies.

The District of Columbia hiring steps in order

1. Before the first hire: register with DOES and OTR, set up the employer-paid Paid Family Leave contribution, bind workers' compensation, and get the DLCP Employment Services license if you place candidates for a fee.
2. Posting: minimum and maximum pay in every listing; plan to tell candidates about healthcare benefits before the first interview.
3. Screening: no wage history, credit information, arrest or non-conviction questions.
4. Interview: a participant may record; announce it and get a yes, especially with candidates in Maryland.
5. Conditional offer: only now ask about convictions or test for marijuana; give any non-compete for a highly compensated hire at least 14 days before the start date.
6. First day: Form I-9, W-4 and D-4 (or D-4A), the signed notice of hire and the Paid Family Leave notice.
7. Within 20 days of the first day of paid work: report the hire to the D.C. Directory of New Hires.

Hiring in more than one state? The same checklist is available for Alabama, Alaska, Arkansas, Connecticut, Delaware, Hawaii, Idaho, and the District's neighbors Maryland and Virginia.