This subchapter may be cited as the "Living Wage Act of 2006".
(June 8, 2006, D.C. Law 16-118, § 101, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 16-118, the "Way to Work Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-286 which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 7, 2006, and March 7, 2006, respectively. Signed by the Mayor on March 23, 2006, it was assigned Act No. 16-335 and transmitted to both Houses of Congress for its review. D.C. Law 16-118 became effective on June 8, 2006.
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 16-118, the "Way to Work Amendment Act of 2006", see Mayor's Order 2006-122, September 27, 2006 (53 DCR 9313).
For purposes of this subchapter, the term:
(1) "Affiliated employee" means any individual employed by a recipient who received compensation directly from government assistance or a contract with the District of Columbia government ("District Government"), including any employee of a contractor or subcontractor of a recipient who performs services pursuant to government assistance or contract.
(2) "Contract" means a written agreement between a recipient and the District government.
(3) "Government assistance" means a grant, loan, or tax increment financing that results in a financial benefit from an agency, commission, instrumentality, or other entity of the District government.
(4) "Living wage" means an hourly wage rate of $11.75 per hour, regardless of whether health care benefits are provided.
(5) "Recipient" means any individual, sole proprietorship, partnership, association, joint venture, limited liability company, corporation, or any other form of business that enters into a contract with or receives government assistance from the District government.
(June 8, 2006, D.C. Law 16-118, § 102, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
(a) All recipients of contracts or government assistance in the amount of $100,000 or more shall pay their affiliated employees no less than the living wage. All subcontractors of recipients of these contracts that receive funds of $15,000 or more shall pay their affiliated employees no less than the living wage; provided, that this receipt of funds is from the contract funds received by the recipient from the District government. All subcontractors of recipients of government assistance shall pay their affiliated employees the living wage if the subcontractor receives $50,000 or more from a recipient; provided, that this receipt of funds is from government assistance received by the recipient from the District of Columbia.
(b) The living wage shall be paid to employees of the District government commencing March 1, 2006; provided, that the wage of any such employee established under an existing collective bargaining agreement or by the recipients of a federal law or grant shall continue as long as that agreement, law, or grant remains in effect.
(c) The Department of Employment Services shall adjust this rate for the previous calendar year, on an annual basis by the annual average increase, if any, in the Consumer Price Index for all Urban Consumers in the Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the United States Department of Labor up to 3%. This adjustment shall begin the 1st of January occurring at least one year following June 8, 2006. The Department shall calculate the adjustment to the nearest multiple of $.05 and shall publish the adjusted rate not later than March 1 of each year. Any annual adjustment in excess of 3% shall be approved by the Mayor.
(d) The Mayor shall publish any adjustment to the living wage rate in the District of Columbia Register no later than 45 days after the rate is adjusted.
(e)Repealed.
(June 8, 2006, D.C. Law 16-118, § 103, 53 DCR 2602; Mar. 25, 2009, D.C. Law 17-353, § 318(a), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-353 repealed subsec. (e), which had read as follows:
"(e) Funding for the implementation of this subchapter shall be subject to annual appropriations."
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
For Law 17-353, see notes following § 2-218.42.
(a) All contracts and government assistance subject to this subchapter shall include the requirements under §§ 2-220.03, 2-220.06, 2-220.07, and 2-220.08.
(b) Each recipient of a contract or government assistance shall notify each subcontractor subject to this subchapter of the requirements as provided under subsection (a) of this section. The notification shall be in writing.
(June 8, 2006, D.C. Law 16-118, § 104, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
The following types of contracts, government assistance, and employment shall be exempt from the requirement of this subchapter:
(1) Contracts or other agreements that are subject to higher wage level determinations required by federal law;
(2) Existing and future collective bargaining agreements, provided, that the future collective bargaining agreement results in the employee being paid no less than the established living wage;
(3) Contracts for electricity, telephone, water, sewer or other services delivered by a regulated utility;
(4) Contracts for services needed immediately to prevent or respond to a disaster or eminent threat to public health or safety declared by the Mayor;
(5) Contracts or other agreements awarded to recipients that provide trainees with additional services including, but not limited to, case management and job readiness services; provided, that the trainees do not replace employees subject to this subchapter;
(6) An employee under 22 years of age employed during a school vacation period, or enrolled as a full-time student, as defined by the respective institution, who is in high school or at an accredited institution of higher education and who works less than 25 hours per week; provided, that he or she does not replace employees subject to this subchapter;
(7) Tenants or retail establishments that occupy property constructed or improved by receipt of government assistance from the District of Columbia; provided, that the tenant or retail establishment did not receive direct government assistance from the District;
(8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S. C. § 501(c)(3));
(9) Medicaid provider agreements for direct care services to Medicaid recipients; provided, that the direct care service is not provided through a home care agency, a community residence facility, or a group home for persons with intellectual disabilities, as those terms are defined in § 44-501; and
(10) Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.
(June 8, 2006, D.C. Law 16-118, § 105, 53 DCR 2602; Mar. 2, 2007, D.C. Law 16-191, § 111, 53 DCR 6794; Sept. 26, 2012, D.C. Law 19-169, § 5(a), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-191, in par. (1), inserted "higher" preceding "wage level determinations".
D.C. Law 19-169, in par. (9), substituted "persons with intellectual disabilities" for "mentally retarded persons".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of the Living Wage Clarification Temporary Amendment Act of 2006 (D.C. Law 16-184, November 16, 2006, law notification 53 DCR 9651).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Living Wage Clarification Emergency Amendment Act of 2006 (D.C. Act 16-411, July 12, 2006, 53 DCR 5771).
For temporary (90 day) amendment of section, see § 2 of Living Wage Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-530, December 4, 2006, 53 DCR 9836).
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
For Law 16-191, see notes following § 2-218.02.
Law 16-294, the "Second Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-996, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-653 and transmitted to both Houses of Congress for its review. D.C. Law 16-294 became effective on March 14, 2007.
Law 19-169, the "People First Respectful Language Modernization Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-189, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-361 and transmitted to both Houses of Congress for its review. D.C. Law 19-169 became effective on September 26, 2012.
Editor's Notes
D.C. Law 16-294 purported to make the same amendment previously made by D.C. Law 16-191.
Each recipient and subcontractor of a recipient shall provide to each affiliated employee covered by this subchapter a fact sheet concerning the payment and enforcement requirements under §§ 2-220.03 and 2-220.08, and shall also post a notice concerning these requirements in a conspicuous site in its place of business. The Mayor shall provide the fact sheet and notice to each recipient which shall include:
(1) Notice of the living wage hourly rate;
(2) A summary of the requirements under §§ 2-220.03 and 2-220.07; and
(3) Information concerning the enforcement of this subchapter including the name, address, and telephone number of the individual or entity to which complaints of noncompliance should be made.
(June 8, 2006, D.C. Law 16-118, § 106, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
All recipients and subcontractors shall retain payroll records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years from the payroll date for employees subject to § 2-220.03.
(June 8, 2006, D.C. Law 16-118, § 107, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
The payment of wages required under this subchapter shall be consistent with and subject to the provisions of Chapter 13 of Title 32.
(June 8, 2006, D.C. Law 16-118, § 108, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
The Mayor may exempt a recipient from the requirements of this subchapter, subject to approval by the Council. Any entity requesting a waiver shall be required to demonstrate that the provisions of this subchapter will pose a significant financial hardship on the recipient that will result in the layoff of a substantial number of employees, substantial downsizing, or the inability to meet payroll. All requests for waivers shall be written and state the rationale for the request. Any waiver granted by the Mayor shall be subject to Council review and approval, by act.
(June 8, 2006, D.C. Law 16-118, § 109, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
The Mayor shall issue rules to implement the provisions of this subchapter.
(June 8, 2006, D.C. Law 16-118, § 110, 53 DCR 2602.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
(a) The requirements of this subchapter shall apply to contracts and agreements for government assistance ("agreement") entered into after June 8, 2006, and shall not apply to any existing agreement entered into prior to that date. Where an agreement is renewed or extended after that date, that renewal or extension shall be deemed a new agreement and shall trigger coverage under this subchapter if the terms of the renewed or extended agreement otherwise meet the requirements for coverage under this subchapter.
(b) Notwithstanding the requirements of § 2-220.05(9), a home care agency, community residence facility, or group home for persons with intellectual disabilities shall not be required to pay a living wage until implementing rules are published in the District of Columbia Register and any necessary state plan amendments are approved.
(June 8, 2006, D.C. Law 16-118, § 111, 53 DCR 2602; Sept. 26, 2012, D.C. Law 19-169, § 5(b), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-169, in subsec. (b), substituted "persons with intellectual disabilities" for "mentally retarded persons".
Legislative History of Laws
For Law 16-118, see notes following § 2-220.01.
For history of Law 19-169, see notes under § 2-220.05.
