D.C. Code § 1-611.03

Current through codified legislation effective October 30, 2024

Section 1-611.03 - Compensation policy; compensatory time off; overtime pay

(a) Compensation for all employees in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be fixed in accordance with the following policy:

(1) Compensation shall be competitive with that provided to other public sector employees having comparable duties, responsibilities, qualifications, and working conditions by occupational groups. For the purpose of this paragraph, compensation shall be deemed to be competitive if it falls reasonably within the range of compensation of public sector employees in jurisdictions with costs of living and working conditions comparable to the District or of employees in the federal government; provided, that compensation for Legal Service attorneys shall be fixed in accordance with § 1-608.58.

(2) Pay for the various occupations and groups of employees shall be, to the maximum extent practicable, interrelated and equal for substantially equal work in accordance with this principle, dental officers shall be paid on the same schedule as medical officers having comparable qualifications and experiences.

(3) Differences in pay shall be maintained in keeping with differences in level of work and quality of performance.

(4) Repealed.

(5) Repealed.

(6) Repealed.

(7)

(A) Any full-time permanent, indefinite, or term employee of a District agency or independent agency, who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty in preparation for, or as a result of, Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall receive, upon application and approval, an amount that equals the difference in compensation between the employee's District government basic pay reduced by the employee's basic military pay. This amount shall not be considered as basic pay for any purpose and shall be paid for any period following the formal inception of Operation New Dawn in 2010, any period following the formal inception of Operation Odyssey Dawn in 2011, or any period following the formal inception of any contingency operation as defined in 10 U.S.C. § 101(a)(13), during which the employee is carried in a non-pay status from the time the employee is called into active duty, until the employee is released from active duty occasioned by any of these military operations, or, in the case of a term employee, until the date of the end of the term of employment.

(B) The Mayor shall issue rules within 30 days of March 26, 2008, to implement the provisions of this paragraph.

(b) The pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No salary subject to this reduction shall be reduced to less than any applicable minimum wage set forth in the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), or any other applicable federal minimum wage statute or regulation. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to 5 U.S.C. § 8331, §§ 1-626.03 through 1-626.12, § 5-723(e), the Judges' Retirement Fund, established by § 1-714, or the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994.

(c) Repealed.

(d) Notwithstanding any other provisions of law or regulation, effective April 15, 1986, any employee who is covered by the provisions of the Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.)("FLSA"), and is eligible to earn compensatory time may receive compensatory time off at a rate not less than 1 and one-half hours for each hour of employment for which overtime compensation is required under the FLSA, in lieu of paid overtime compensation.

(1) If the work of an employee for which compensatory time off may be provided includes work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If the work of an employee does not include work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986.

(2) Any employee who, after April 15, 1986, has accrued the maximum number of hours of compensatory time off allowed under paragraph (1) of this subsection shall, for additional hours of work, be paid overtime compensation.

(e) Notwithstanding any other provision of District law or regulation, effective on the first day of the first pay period beginning one month after November 25, 1993, entitlement to and computation of overtime for all employees of the District government, except those covered by a collective bargaining agreement providing otherwise, shall be determined in accordance with, and shall not exceed, the overtime provisions of section 7 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207. No person shall be entitled to overtime under this section unless that person is either entitled to overtime under the Fair Labor Standards Act or is entitled to overtime under the personnel rules of the District of Columbia as they existed at the time of enactment of this section.

(f)

(1) Repealed.

(2)

(A) Except as provided in subparagraph (B) of this paragraph, uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.

(B) For fiscal years 2011, 2012, 2013, 2014, and 2015, uniformed members of the Fire and Emergency Medical Services Department at the rank of Battalion Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Deputy Fire Chief and above in the Firefighting Division.

(3) Uniformed members of the Metropolitan Police Department at the rank of Inspector and above and uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not be suspended for disciplinary actions for less than a full pay period.

(4)

(A)

(i) For fiscal years 2011, 2012, 2013, and 2014, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in a fiscal year.

(ii) For Fiscal Year 2015, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $30,000 in a fiscal year.

(B) This paragraph shall not apply to a member of the Fire and Emergency Medical Services Department who is classified as a Heavy Mobile Equipment Mechanic or a Fire Arson Investigator Armed (Canine Handler).

(C) Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to fiscal year 2011.

(g)

(1) The Chief of Police may grant time off, to be considered FLSA-exempt, to uniformed members of the Metropolitan Police Department at the rank of Inspector and above, and the civilian equivalents, for work performed in excess of an 80-hour biweekly pay period, excluding roll call; provided, that:

(A) FLSA-exempt time off granted to any individual employee shall not exceed a total of 80 hours in any consecutive 12-month period;

(B) FLSA-exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned; and

(C) FLSA-exempt time off not used at the time of an employee's separation from service shall not be included in any form of leave payment.

(2) The Mayor, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection.

D.C. Code § 1-611.03

Mar. 3, 1979, D.C. Law 2-139, § 1103, 25 DCR 5740; Sept. 16, 1980, D.C. Law 3-101, § 2, 27 DCR 3628; Mar. 4, 1981, D.C. Law 3-130, § 2(b), 28 DCR 277; Mar. 16, 1982, D.C. Law 4-78, § 8(a), 29 DCR 49; Mar. 13, 1985, D.C. Law 5-140, § 2, 31 DCR 5755; Oct. 5, 1985, D.C. Law 6-43, § 2(a), 32 DCR 4484; July 24, 1986, D.C. Law 6-126, § 2, 33 DCR 3211; July 24, 1986, D.C. Law 6-127, § 2, 33 DCR 3213; Sept. 13, 1986, D.C. Law 6-142, § 2, 33 DCR 4369; Mar. 2, 1991, D.C. Law 8-190, § 2(a), 37 DCR 6721; July 13, 1991, D.C. Law 9-12, § 2(a), 38 DCR 3376; Nov. 25, 1993, D.C. Law 10-65, § 201, 40 DCR 7351; July 23, 1994, D.C. Law 10-136, § 5, 41 DCR 3006; Sept. 22, 1994, D.C. Law 10-172, §2, 41 DCR 5152; May 16, 1995, D.C. Law 10-255, § 2(a), 41 DCR 5193; June 10, 1998, D.C. Law 12-124, §§ 101(n)(2), 101(n)(3), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(o), 47 DCR 520; Oct. 3, 2001, D.C. Law 14-28, § 3702, 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 3(h), (i), 49 DCR 8140; Dec. 7, 2004, D.C. Law 15-207, § 2, 51 DCR 8779; Mar. 26, 2008, D.C. Law 17-135, § 2(a), 55 DCR 1683; Sept. 24, 2010, D.C. Law 18-223, § 3022, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3012, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3022, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 3052, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 3052, 61 DCR 9990; Mar. 10, 2015, D.C. Law 20-198, § 2(a), 61 DCR 12450; Oct. 22, 2015, D.C. Law 21-36, § 7025, 62 DCR 10905; June 30, 2016, D.C. Law 21-125, § 211, 63 DCR 4659; Apr. 15, 2017, D.C. Law 21-273, § 2, 64 DCR 949; May 6, 2020, D.C. Law 23-91, § 2, 67 DCR 3541.

Sections 1022 to 1027 of D.C. Law 18-223, as amended by section 112(a) of D.C. Law 18-370, provided:

"Sec. 1022. Definitions.

"For the purposes of this subtitle, the term:

"(1) ~Agency' means an agency, office, or instrumentality of the District government, including independent agencies and subordinate agencies, as such terms are defined in section 301(13) and (17) of the CMPA.

"(2) ~CMPA' means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.).

"(3) ~Negotiated salary schedule' means a salary schedule specified in a collective bargaining agreement.

"(4) ~Negotiated salary, wage, and benefits provision' means the salary and benefits provided in a collective bargaining agreement.

"(5) ~Personnel authority' means an individual with the authority to administer all or part of a personnel management program as provided in sections 301(14) and 406 of the CMPA.

"(6) 'Within-grade salary increase' means the advancement of an employee's basic rate of pay to the next higher step or other increment within the same grade, class, or pay level based on quality or length of service, or both, without regard to whether the term ~within-grade salary increase' or another term is used to describe the advancement within the applicable compensation law or rule.

"Sec. 1023. Freeze of within-grade salary increases and cost-of-living adjustments.

"(a) Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of an agency shall not receive a within-grade salary increase or a cost-of-living adjustment during the period from October 1, 2010, through September 30, 2011.

"(b) Time in a pay or non-pay status during the period from October 1, 2010 through September 30, 2011, shall not be considered creditable service for the purpose of computing an employee's length of service or waiting period for a within-grade salary increase under Title XI of the CMPA or other applicable law or rule.

"Sec. 1024. Maintenance of fiscal year 2010 salary schedules and benefits in fiscal year 2011.

"Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all fiscal year 2010 salary schedules shall be maintained during fiscal year 2011, and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions and negotiated salary schedules, shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels.

"Sec. 1025. Application to certain employees of the District of Columbia Public Schools.

"(a) Sections 1023 and 1024 shall not apply to employees of the District of Columbia Public Schools who are based at a local school or provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers' Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

"(b) Notwithstanding any other provision of law, no restriction on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2010 or fiscal year 2011 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers' Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

"(c) This section shall apply subject to the certification of the availability of funding by the Chief Financial Officer.

"Sec. 1026. Application to the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

"Sections 1023 and 1024 shall not apply to employees of the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the University of the District of Columbia.

"Sec. 1027. Rules.

"To the extent authorized by the CMPA or other applicable law or rule, each personnel authority may issue rules to implement this subtitle."

Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the ~Bonus and Special Pay Limitation Act of 2010 ~.

Section 1142 of D.C. Law 18-223 provided:

"Sec. 1142. Bonus and special pay limitations.

"(a) For fiscal year 2011, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

"(1) Retirement awards;

"(2) Hiring bonuses for difficult-to-fill positions;

"(3) Additional income allowances for difficult-to-fill positions;

"(4) Agency awards or bonuses funded by private grants or donations;

"(5) Safe driving awards;

"(6) Suggestion/invention awards; or

"(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle September 24, 2010."

"(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to the effective date of this subtitle."

Section 112(b) of D.C. Law 18-370 added section 1143 of D.C. Law 18-223 to read as follows:

"Sec. 1143. Exemption. Section 1142 shall not apply to employees of the University of the District of Columbia.".

Section 1002 of D.C. Law 19-21 provided:

"Sec. 1002. Bonus and special pay limitations.

"(a) For fiscal year 2012, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

"(1) Retirement awards;

"(2) Hiring bonuses for difficult-to-fill positions;

"(3) Additional income allowances for difficult-to-fill positions;

"(4) Agency awards or bonuses funded by private grants or donations;

"(5) Safe driving awards;

"(6) Suggestion/invention awards; or

"(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to October 1, 2010.

"(b) For fiscal year 2012, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to October 1, 2010.

"(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2012 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students."

Section 1002 of D.C. Law 19-168 provided:

"Bonus and special pay limitations. (a) For fiscal year 2013, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used for:

"(1) Retirement awards;

"(2) Hiring bonuses for difficult-to-fill positions;

"(3) Additional income allowances for difficult-to-fill positions;

"(4) Agency awards or bonuses funded by private grants or donations;

"(5) Safe-driving awards;

"(6) Gainsharing incentives in the Department of Public Works;

"(7) Suggestion or invention awards; or

"(8) Any other award or bonus required by an existing contract or collective bargaining agreement that was entered into before the effective date of this subtitle.

"(b) For fiscal year 2013, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by a contract executed before the effective date of this subtitle.

"(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2013 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students."

Section 1002 of D.C. Law 20-61 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2015.

Section 1002 of D.C. Law D.C. Law 21-36 provided for bonus and special pay limitations for fiscal year 2016.

Applicability of D.C. Law 21-36: Section 10001 of D.C. Law 21-36 provided that, except as otherwise provided, the act shall apply as of October 1, 2015.