HARD ROCK CAFÉ v. DISTRICT OF COLUMBIA DOES

No. 05-AA-1218.

911 A.2d 1217 (2006)

HARD ROCK CAFE, et al., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Jerome McGinnis, Intervenor.

District of Columbia Court of Appeals.

Decided November 22, 2006.


Attorney(s) appearing for the Case

Curtis B. Hane, Rockville, MD, for petitioners.

Matthew J. Peffer, for intervenor.

Robert J. Spagnoletti, Attorney General for the District of Columbia at the time, Edward E. Schwab, Deputy Attorney General, and William J. Earl, Assistant Attorney General, filed a statement in lieu of brief for respondent.

Before FARRELL and REID, Associate Judges, and SCHWELB, Senior Judge.


FARRELL, Associate Judge.

D.C.Code § 32-1515(f) (2001) provides that "[i]f any [worker's] compensation, payable under the terms of an award, is not paid within 10 days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20% thereof. . . ." The statute further states as relevant here, that an employer late in paying compensation may be relieved of the 20% penalty only if the Mayor (through his agent, the Department of Employment...

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