D.C. Code § 32-1003

Current through codified legislation effective September 18, 2024

Section 32-1003 - [Effective Until 9/18/2024] Requirements

(a)

(1) [Repealed by 2024 Amendment.]

(2) [Repealed by 2024 Amendment.]

(3) [Repealed by 2024 Amendment.]

(4) [Repealed by 2024 Amendment.]

(5)

(A) Except as provided in subsection (h) of this section and subparagraph (B) of this paragraph, the minimum hourly wage shall be as of:

(i) July 1, 2016: $11.50;

(ii) July 1, 2017: $12.50;

(iii) July 1, 2018: $13.25;

(iv) July 1, 2019: $14.00; and

(v) July 1, 2020: $15.00.

(B) If the minimum wage set by the United States government pursuant to the Fair Labor Standards Act ("U.S. minimum wage") is greater than the minimum hourly wage currently being paid pursuant to subparagraph (A) of this paragraph, the minimum hourly wage paid to an employee by an employer shall be the U.S. minimum wage plus $1.

(6)

(A) Except as provided in subsection (h) of this section, beginning on July 1, 2021, and no later than July 1 of each successive year, the minimum wage provided in this subsection shall be increased in proportion to 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 for the previous calendar year. Any increase under this paragraph shall be adjusted to the nearest multiple of $.05.

(B) Repealed.

(b) Except as provided in subsection (h) of this section, an employer shall pay the minimum wage established pursuant to subsection (a) of this section to an employee for all hours the employee works for the employer when:

(1) The employee regularly spends more than 50% of their working time in the District of Columbia; or

(2) The employee's employment is based in the District of Columbia and the employee regularly spends a substantial amount of their working time in the District of Columbia and not more than 50% of their working time in any particular state.

(b-1) Except as provided in subsection (h) of this section, an employee shall not be paid less than the District's minimum wage for each hour worked in the District when an employee performs at least 2 hours of work in the District, for the same employer, within one workweek.

(c) No employer shall employ any employee for a workweek that is longer than 40 hours, unless the employee receives compensation for employment in excess of 40 hours at a rate not less than 1 1/2 times the regular rate at which the employee is employed.

(d) All workers with disabilities shall be paid at a rate not less than the minimum wage, except in those instances where a certificate has been issued by the United States Department of Labor that authorizes the payment of less to workers with disabilities under § 214(c) of the Fair Labor Standards Act [ 29 U.S.C. § 214(c) ].

(e) No employer shall be deemed to have violated subsection (c) of this section if the employee works for a retail or service establishment and:

(1) The regular rate of pay of the employee is in excess of 11/2 times the minimum hourly rate applicable to the employee under this subchapter; and

(2) More than 1/2 of the employee's compensation for a representative period (not less than 1 month) represents commissions on goods or services.

(f)

(1) For purposes of this subsection, the term "tipped minimum wage" shall mean the minimum hourly wage required to be paid by an employer to an employee who receives tips.

(2) As of July 1, 2021, the "tipped minimum wage" shall be $5.05 an hour with tips on top; provided , that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section. This tipped minimum wage will increase on July 1, 2022 in proportion to 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 for the previous calendar year. Any increase under this paragraph shall be adjusted to the nearest multiple of $.05.

(3) Except as provided in subsections (h) and (i) of this section, as of May 1, 2023, the tipped minimum wage shall be not less than $6.00 an hour with tips on top; provided , that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section.

(4) Except as provided in subsections (h) and (i) of this section, as of July 1, 2023,the tipped minimum wage shall be not lessthan $8.00 an hour,with tips on top; provided ,that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section.

(5) Except as provided in subsections (h) and (i) of this section, as of July 1, 2024, the tipped minimum wage shall be not less than $10.00 an hour, with tips on top;provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section.

(6) Except as provided in subsections (h) and (i) of this section, as of July 1, 2025, the tipped minimum wage shall be not less than $12.00 an hour, with tips on top; provided,that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section.

(7) Except as provided in subsections (h) and (i) of this section, as of July 1, 2026, the tipped minimum wage shall be not less than $14.00 an hour, with tips on top; provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section.

(8) Except as provided in subsections (h) and (i) of this section, as of July 1, 2027, the tipped minimum wage shall be not less than the minimum wage as set by subsection (a) of this section, with tips on top."

(f-1) The Mayor shall publish in the District of Columbia Register, on the Department of Employment Services website, and make available to employers in a bulletin, the adjusted minimum hourly wage to be paid by an employer to an employee pursuant to subsections (a)(5) and (6) and (f) of this section at least 30 days before an increase is scheduled to go into effect.

(g) Subsection (f) of this section shall not apply to an employee who receives gratuities, unless:

(1) The employer has provided the employee with notice of the following, included in the notice furnished pursuant to § 32-1008(c):

(A) The provisions of subsection (f) of this section;

(B) If tips are not shared, that the tipped employee shall retain all tips received;

(C) If tips are shared, the employer's tip-sharing policy; and

(D) The percentage by which tips paid via credit card will be reduced by credit card fees;

(2) If the employer uses tip sharing, the employer has posted the tip-sharing policy; and

(3) All gratuities received by the employee have been retained by the employee, except that this provision shall not be construed to prohibit the sharing of gratuities among employees who customarily receive gratuities.

(h) Beginning on July 1, 2019, and no later than July 1 of each successive year, an employer shall pay a security officer working in an office building in the District of Columbia wages, or any combination of wages and benefits, that are not less than the combined amount of the minimum wage and fringe benefit rate in effect on September 1 of the immediately preceding year for the guard 1 classification established by the United States Secretary of Labor pursuant to Chapter 67 of Title 41 of the United States Code ( 41 U.S.C. § 6701et seq.), as amended.

(i) The provisions of subsection (f)(2), (3), (4), (5), (6), and (7) of this section shall not apply to employees of the District of Columbia, or to employees employed to perform services provided under contracts with the District of Columbia. Those employees shall continue to be subject to the minimum wage requirements of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32- 1001 et seq.), as amended by the Enhanced Professional Security Amendment Act of 2008, effective March 20, 2008 (D.C. Law 17-114; 55 DCR 1276), as amended by the Minimum Wage Amendment Act of 2013, effective March 11, 2014 (D.C. Law 20-91; 61 DCR 778), as amended by the Fair Shot Minimum Wage Act of 2016 (D.C. Law 21-144; 63 DCR 9275) asthey existed before the effective date of the District of Columbia Full Minimum Wage for Tipped Workers Amendment Act of 2022, and to the requirements of all other applicable laws, regulations, or policies relating to wages or benefits, including the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.01 et seq.)

D.C. Code § 32-1003

Amended by D.C. Law 25-132,§ 2, 71 DCR 000863, eff. 3/1/2024.

Amended by D.C. Law 25-120,§ 2, 70 DCR 015733, eff. 2/6/2024, exp. 9/18/2024.

Amended by D.C. Law 25-321,§ 2, 70 DCR 015486, eff. 11/21/2023, exp. 2/19/2024.

Amended by D.C. Law 25-3, § 2 , 0 DCR 0, eff. 3/8/2023.

Amended by D.C. Law 24-281, § 2 , 0 DCR 0, eff. 3/8/2023.

Mar. 25, 1993, D.C. Law 9-248, § 4, 40 DCR 761; Apr. 8, 2005, D.C. Law 15-296, § 2, 52 DCR 1483; Apr. 24, 2007, D.C. Law 16-305, § 47, 53 DCR 6198; Mar. 20, 2008, D.C. Law 17-114, § 2(b), 55 DCR 1276; Mar. 11, 2014, D.C. Law 20-91, § 2(a), 61 DCR 778; Aug. 19, 2016, D.C. Law 21-144, § 2(b), 63 DCR 9275; Oct. 11, 2018, D.C. Law 22-163, § 2, 65 DCR 8513; Oct. 30, 2018, D.C. Law 22-168, § 2272, 65 DCR 9388; Dec. 13, 2018, D.C. Law 22-196, §§ 2, 6(b), 65 DCR 12049.

Section 5 of D.C. Law 22-163 provided that "This act shall supersede any amendments to section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003 ), enacted on or after June 1, 2016, but before the effective date of this act."

Section 4 of D.C. Law 22-163 provided that "If any section of this act or its application to any persons or circumstances is held invalid, the remainder of this measure, or the application of its provisions to other persons or circumstances, shall not be affected. To this end, the provisions of this act are severable."

Section 3 of D.C. Law 22-163 provided that "Nothing in this act shall be construed as preventing the Council of the District of Columbia from increasing minimum wages or benefits to levels in excess of those provided for in this act for any category of employees, including those employees described in section 4(i) of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003(i) )."

Section 3 of D.C. Law 20-91 provided that § 2(b)-(d) of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7004 of Law 20-155 repealed D.C. Law 20-91, § 3.

Applicability

Section 2(b) of D.C. Act 22-465 provided that D.C. Law 22-163 shall apply as of March 31, 2019.

This section is set out more than once due to postponed, multiple, or conflicting amendments.