Code of the District of Columbia

§ 32–1301. Definitions.

Whenever used in this chapter:

(1) "Administrative Law Judge" means an administrative law judge of the Office of Administrative Hearings, established by § 2-1831.02.

(1A) "Attorney General" means the Attorney General for the District of Columbia, as established by § 1-204.35.

(1B) “Employer” includes every individual, partnership, firm, general contractor, subcontractor, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, general contractor, subcontractor, association, or corporation, employing any person in the District of Columbia; provided, that the word “employer” shall not include the government of the United States, the government of the District of Columbia, or any agency of either of said governments, or any employer subject to the Railway Labor Act (45 U.S.C. § 151 et seq.).

(2) “Employee” shall include any person suffered or permitted to work by an employer.

(2A) “Living Wage Act” means subchapter X-A of Chapter 2 of Title 2 [§ 2-220.01 et seq.].

(2B) “Minimum Wage Revision Act” means Chapter 10 of this title [§ 32-1001 et seq.].

(2C) “Sick and Safe Leave Act” means Chapter 1A of this title [§ 32-131.01 et seq.].

(3) “Wages” means all monetary compensation after lawful deductions, owed by an employer, whether the amount owed is determined on a time, task, piece, commission, or other basis of calculation. The term “wages” includes a:

(A) Bonus;

(B) Commission;

(C) Fringe benefits paid in cash;

(D) Overtime premium; and

(E) Other remuneration promised or owed:

(i) Pursuant to a contract for employment, whether written or oral;

(ii) Pursuant to a contract between an employer and another person or entity; or

(iii) Pursuant to District or federal law.

(4) “Mayor” means the Mayor of the District of Columbia or his designated agent or agents.

(5) “Working day” means any day exclusive of Saturdays, Sundays, or legal holidays.


(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 1; Dec. 24, 2013, D.C. Law 20-61, § 2062(a), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-157, § 2(a), 61 DCR 10157; Apr. 7, 2017, D.C. Law 21-266, § 2(a), 64 DCR 2140.)

Prior Codifications

1981 Ed., § 36-101.

1973 Ed., § 36-601.

Section References

This section is referenced in § 2-220.08.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 rewrote (3).

The 2015 amendment by D.C. Law 20-157 substituted “firm, general contractor, subcontractor, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, general contractor, subcontractor” for “firm, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership” in (1); deleted “except any person employed in a bona fide executive, administrative, or professional capacity (as such terms are defined and delimited by regulations promulgated by the Council of the District of Columbia)” from the end of (2); and added (2A), (2B), and (2C).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(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 § 2(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).

For temporary (90 days) amendment of this section, see § 2062(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Short Title

Section 2061 of D.C. Law 20-61 provided that Subtitle G of Title II of the act may be cited as the “Wage Theft Prevention Amendment Act of 2013”.

Editor's Notes

Section 2(a) of D.C. Law 19-300 designated the existing provisions of Chapter 13 as subchapter I, and enacted subchapter II.

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.

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(285) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.