Code of the District of Columbia

§ 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, or in the capacity of outside salesman (as these terms are defined by the Secretary of Labor under 201 et seq. of the Fair Labor Standards Act); or

(2) Any employee engaged in the delivery of newspapers 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, if employed by a nonmanufacturing establishment primarily engaged in the business of selling these vehicles to ultimate purchasers; or

(4) Repealed.

(5) Repealed.

(6) Any employee employed by a carrier by air who voluntarily exchanges workdays with another employee for the primary purpose of utilizing air travel benefits available to these employees.


(Mar. 25, 1993, D.C. Law 9-248, § 5, 40 DCR 761; May 31, 2012, D.C. Law 19-127, § 2, 59 DCR 2252; Apr. 7, 2017, D.C. Law 21-266, § 3(a), 64 DCR 2140.)

Prior Codifications

1981 Ed., § 36-220.3.

Section References

This section is referenced in § 32-1015.

Effect of Amendments

D.C. Law 19-127 repealed subsec. (b)(4), which formerly read:

“(4) Any employee employed primarily to wash automobiles by an employer whose annual dollar volume of sales is derived by more than 50% from washing automobiles, and for the employee’s employment in excess of 160 hours over a period of 4 consecutive workweeks, the employee receives compensation at a rate of 1 1/2 times or more the regular rate at which he is employed;”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(a) of Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).

For temporary (90 days) amendment of this section, see § 3(a) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).