(a) In any action brought under this chapter, the administrative law judge shall allow a prevailing plaintiff to recover the costs of the action from the defendant, including costs or fees of any nature and reasonable attorney's fees.
(b) In an administrative order in favor of a covered employee and in any proceeding to enforce an administrative order, the court shall award to each attorney for the covered employee an additional judgment for costs, including reasonable attorney's fees.
(c) If fees remain unpaid to the attorney at the time of any subsequent review, supplementation, or reconsideration of the fee award, the administrative law judge shall update the award to reflect the hours actually expended and the market rates in effect at that time. No reduction shall be made from this rate, or from the hours actually expended, except upon clear and convincing evidence that the reduction will serve the remedial purposes of this law.
(d) Costs shall also include expert witness fees, depositions fees, witness fees, juror fees, filing fees, certification fees, the costs of collecting and presenting evidence, and any other costs incurred in connection with obtaining, preserving, or enforcing the administrative order.
(e) The Mayor shall not be required to pay the filing fee or other costs or fees of any nature or to file bond or other security of any nature in connection with any action or proceeding under this chapter.
(Oct. 8, 2016, D.C. Law 21-157, § 15, 63 DCR 10739.)
ApplicabilitySection 7016 of D.C. Law 22-33 repealed § 18 of D.C. Law 21-157. Therefore the changes made to this section by D.C. Law 21-157 have been implemented.
Applicability of D.C. Law 21-157: § 18 of D.C. Law 21-157 provided that the creation of this section by § 15 of D.C. Law 21-157 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency LegislationFor temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).