2001 DC Code, Volume 17, June 2013 Supplement

2013·2.4 MB·English

by  District of Columbia

DISTRICT OF COLUMBIA
CODE
OFFICIAL
EDITION
2001
Volume 17
Title 32
Labor
to
Title 34
Public Utilities
JUNE SUPPLEMENT
2013
m
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The District of Columbia
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COUNCIL OF THE DISTRICT OF
COLUMBIA
Phil Mendelson, Chairman
Yvette M. Alexander Jack Evans
Marion Barry Jim Graham
Anita Bonds David Grosso
Muriel Bowser Kenyan R. McDuffie
David A. Catania Vincent B. Orange, Sr.
Mary M. Cheh Tommy Wells
OFFICE OF THE GENERAL
COUNSEL
Under Whose Direction This
Volume Has Been Prepared
V. David Zvenyach, General Counsel
John Hoellen, Legislative Counsel
Benjamin F. Bryant, Jr., Codification Counsel
Karen R. Barbour, Legal Assistant
ill
Digitized by tine Internet Arcliive
2014
in
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PREFACE
These annual cumulative pocket parts update the District of Columbia
Official Code, 2001 Edition, with permanent, temporary, and emergency
legislation and judicial constructions contained in annotations. These pocket
parts contain the Laws, general and permanent in their nature, relating to or
in force in the District ofColumbia (except such laws as are ofapplication in
the General and Permanent Laws ofthe United States) in effect as ofApril 1,
2013.
This Supplement also updates the D.C. Code annotations by includingnotes
taken from District of Columbia cases appearing in the following sources:
Atlantic Reporter, 3d Series Supreme Court Reporter Federal Reporter, 3d
Series Federal Supplement, 2d Series Bankruptcy Reporter.
Current legislation between pamphlets or pocket parts can be accessed
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June, 2013 LexisNexis
V

DIVISION LOCAL BUSINESS AFFAIRS
V.
TITLE LABOR.
32.
Chapter
7C. Job Training and Adult Education Programs Quarterly Reports.
10. Minimum Wages.
13C. Prohibition on Discrimination against the Unemployed.
15. Workers' Compensation.
Chapter 5. Family and Medical Leave.
§ 32-501. Definitions.
—
Section references. This section is ref-
erencedin § 2-1411.03, § 32-131.01, and § 32-
131.04.
CASE NOTES
Eligible employee. oftime in Districtbutwas hired toworkoutof
Employee spent less than 50% of his time officeinVirginiaandspentlessthan30%ofhis
workingintheDistrictofColumbia, andthere- time in District. Hopkins v. Grant Thornton
fore, was not an employee eligible for coverage Int'l,851F.Supp.2d 146,2012U.S.Dist.LEXIS
underthe DistrictofColumbiaFamilyMedical 45156 (2012).
LeaveAct (DCFMLA), where he spent periods
Chapter 7C. Job Training and Adult Education Programs
Quarterly Reports.
Sec. quarterly reports on job training
32-771. Department of Employment Services and adult education programs.
§ 32-771. Department of Employment Services quarterly
reports on job training and adult education
programs.
(a) Beginning on February 15, 2013, the Department of Employment
Services ("Department") shalltransmittothe Council on aquarterlybasis, and
make available on the Department's website, a report on the outcomes
associated with all local funding administered by the Department for job
training or adult education purposes. The report shall include the following
outcome measures forjob training or adult education participants delineated
byjob training program and vendor:
(1) The amount offunding that the program or vendor, or that both the
program and the vendor, received;
(2) The number ofindividuals enrolled injob training or adult education;
1
§ 32-771 Labor
(3) The classification ofinstructional program codes for which they were
trained;
(4) The number and percentage ofthose participants who were referred to
the job training program or vendor who completed the job training or adult
education program;
(5) The number and percentage ofthose participants who completed the
job training or adult education program who earned a General Educational
Diploma, high school diploma, or a noncredit or credit-bearing certificate or
degree offered by licensed post-secondary education and training programs or
vendors;
(6) Amongparticipants whowere unemployed at the startofthe program,
the number and percentage ofparticipants who completed thejob training or
adult education program who found employment within 6 months ofgradua-
tion;
(7) Among participants who found employment within 6 months of
graduation, the average wage earned; and
(8) Among participants who found employment within 6 months of
graduation, the number and percentage ofparticipants who retained employ-
ment 6 months after their initial start date.
(b) The report shall also include the following outcome measures for
subsidized employment programs, including the Transitional Employment
Program ("TEP"), estabhshed pursuant to section § 32-1331:
(1) The number ofindividuals participating, by month;
(2) The number ofprivate-sector employers that hosted a participant;
(3) The number and percentage of participating residents who receive
wages from their employer in addition to their subsidized wage and the
average amount ofthe additional wages;
(4) The average length ofplacement in the subsidizedjobs;
(5) The number and percentage ofparticipants who have been hired into
unsubsidized jobs upon completion of the subsidized component of TEP or
within 6 months of participating in the program, and the average wages of
those hired; and
(6) Among program participants who found unsubsidized employment,
the number and percentage ofparticipants who retained unsubsidized employ-
ment for at least 6 months after their initial unsubsidized start date.
(c) Thereportshall alsoincludethefollowingoutcomemeasures fortraining
employment programs, including the On-the-Job Training program, estab-
lished pursuant to § 32-241(a)(4), the:
(1) Number ofindividuals participating, by month;
(2) Number ofprivate sector employers that hosted a participant;
(3) Average and median wages paid to participants whose employers are
then reimbursed by the Department;
(4) Average amount and percentage paid of wage reimbursement per
participant;
(5) Average durationoftimeparticipants spendinthetrainingcomponent
ofa program; and
(6) Number and percentage ofparticipants who retain employment for an
additional 6 months beyond the completion ofthe training at the same wages
2
Minimum Wages § 32-1004
and benefits as those in comparable positions who are not associated with a
program.
(Sept. 20, 2012, D.C. Law 19-168, § 2082, 59 DCR 8025.)
—
LegislativehistoryofLaw 19-168. Law and June 5, 2012, respectively. Signed by the
19-168, the "Fiscal Year 2013 Budget Support Mayor on June 22, 2012, it was assigned Act
Act of 2012," was introduced in Council and No. 19-385 and transmitted to Congress forits
assigned Bill No. 19-743. The Billwas adopted review. D.C. Law 19-168 became effective on
on first and second readings on May 15, 2012, September 20, 2012.
Chapter 10. Minimum Wages.
SubchapterI. General
Sec.
32-1004. Exceptions.
Subchapter I. General.
§ 32-1004. Exceptions.
(a) The minimum wage and overtime provisions of § 32-1003 shall not
apply with respect to:
(1) Any employee employed in a bona fide executive, administrative, or
professional capacity, orinthe capacityofoutside salesman (as theseterms are
definedbythe SecretaryofLaborunder201 et seq. oftheFairLaborStandards
Act); or
(2) Any employee engaged in the delivery ofnewspapers to the home of
the consumer.
(b) The overtime provisions of§ 32-1003(c) shall not apply with respect to:
(1) Any employee employed as a seaman;
(2) Any employee employed by a railroad;
(3) Any salesman, partsman, or mechanic primarily engaged in selling or
servicing automobiles, trailers, or trucks, ifemployed by a nonmanufacturing
establishment primarily engaged in the business of selling these vehicles to
ultimate purchasers;
(4) Repealed.
(5) Any employee employed as an attendant at a parking lot or parking
garage; or
(6) Any employee employed by a carrier by airwho voluntarily exchanges
workdays with anotheremployee forthe primarypurpose ofutilizingairtravel
benefits available to these employees.
(Mar. 25, 1993, D.C. Law 9-248, § 5, 40 DCR 761; May 31, 2012, D.C. Law
DCR
19-127, § 2, 59 2252.)
—
Section references. This section is ref- "(4) Any employee employed primarily to
erenced in § 32-1015. — wash automobiles by an employer whose an-
Effectofamendments. D.C. Law 19-127 nual dollar volume ofsales is derived by more
repealed subsec. (b)(4), which formerly read: than 50% from washing automobiles, and for
3
§ 32-1012 Labor
the employee's employment in excess of 160 was referred to the Committee on Housingand
hoursoveraperiodof4consecutiveworkweeks, Workforce Development. The Bill was adopted
theemployeereceivescompensationatarateof on first and second readings on F'ebruary 7.
1 V2timesormoretheregularrate atwhichhe 2012, and March 6, 2012, respectively Signed
is employed;" — by the Mayor on March 18, 2012, it was as-
LegislativehistoryofLaw 19-127. Law signedAct No. 19-321 and transmitted to both
19-127, the "Car Wash Employee Overtime Houses of Congress for its review. D.C. Law
Amendment Act of 2012", was introduced in 19-127 became effective on May 31, 2012.
Council and assigned Bill No. 19-247, which
§ 32-1012. Civil liability.
—
Section references. This section is ref-
erenced in § 32-1011.
CASE NOTES
Damages. violationofDistrictofColumbiaWagePayment
Employee who was entitled to $144.50 in andWage Collection Law (DCWPCL), and who
unpaid overtime and liquidated damages pur- had failed to maintain any employee payroll
suant to FLSA, could not collect twice for the records, was liable for damages in the amount
same unpaid overtime compensation even of $39,024 total in unlawful wage deductions,
though employer's failure to pay also consti- under theory of unjust enrichment, based on
tmuutemd vWioalgateionAcotf DiRsetvriiscitonof ACcotlum(bDiCaMWMiAn)i.- jaovbesritaeg,ethneudmubraetrionofofetmhpeilroyweoersk,waonrdkeimnpglooyn-
E2n0c1i2nUa.sSv..DJi.sJ.t.DLryEwXaIlSl2Co7r6p.(,208142)0.F.Supp.2d6, ees' promised hourly wages. Encinas v. J.J.
Employerwhohad unlawfullydeducted 10% DrywallCorp.,840F.Supp.2d6,2012U.S. Dist.
ofgrosswagespaidtoitsdrjrwallemployees,in LEXIS 276 (2012).
Chapter 13. Payment and Collection of Wages.
§ 32-1308. Employees' remedies.
case notes
Costs and attorneyfees. fees," and employee recovered $173.46 for un-
Under District ofColumbia law, former em- paid leave, "without prejudice to the parties'
ployee'srefusalofemployer's offerofjudgment arguments on attorney fees." Dorsey v. Jacob-
on her claim for unpaid leave under Wage son Holman, PLLC, 851 FSupp.2d 13, 2012
Payment Act and Collection Law did not bar U.S. Dist. LEXIS 44140 (2012), affirmed by
her claim for attorney fees and costs, where 2012 U.S.App. LEXIS 16406 (D.C. Cir.Aug. 7,
offerofjudgmentwasintheamountof"$173.46 2012).
for liquidated damages, costs, and attorney
Chapter 13C. Prohibition on Discrimination against the
Unemployed.
Sec. Sec.
32-1361. Definitions. 32-1364. Exemptions.
32-1362. Discrimination based on status as 32-1365. Oversight.
unemployed unlawful. 32-1366. Civil penalties.
32-1363. RetaHation unlawful. 32-1367. Rules.
4