Code of the District of Columbia

§ 51–171. Definitions.

For the purposes of this subchapter, the term:

(1) “Affected unit” means an employer or its specified department, shift, or other unit of 2 or more employees that is designated by the employer to participate in a shared work plan.

(2) “Director” means the Director of the Department of Employment Services, established by Reorganization Plan No. 1 of 1980, effective April 17, 1980 (part A, subchapter IV, Chapter 15 [of Title 1] of the D.C. Official Code).

(3) “Employment security law” means subchapter I of this chapter [§ 51-101 et seq.], and the federal unemployment compensation laws, including the Social Security Act, approved August 14, 1935 (49 Stat. 620; 42 U.S.C. § 301 et seq.), the Employment Security Administrative Financing Act of 1954, approved August 5, 1954 (68 Stat. 668; 42 U.S.C. § 1101 et seq.), and the Federal Unemployment Tax Act, approved August 16, 1954 (68A Stat. 439; 26 U.S.C. § 3301 et seq.).

(4) Repealed.

(4A) "Health and retirement benefits" means employer-provided health benefits, and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(j)), or contributions under a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(i)), which are incidents of employment in addition to the cash remuneration earned.

(4B) "Participating employee" means an employee who voluntarily agrees to participate in an employer's shared work plan.

(5) "Usual weekly hours of work" means the usual hours of work per week for full-time or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed 40 hours and not including hours of overtime work.

(6) “Participating employer” means an employer who has a shared work plan in effect.

(7) "Shared work benefits" means the unemployment benefits payable to a participating employee in an affected unit under a shared work plan, as distinguished from the unemployment benefits otherwise payable under the employment security law.

(8) "Shared work plan" means a written plan to participate in the shared work unemployment compensation program approved by the Director, under which the employer requests the payment of shared work benefits to participating employees in an affected unit of the employer to avert temporary or permanent layoffs, or both.

(9) “Shared work unemployment compensation program” means a voluntary program designed to reduce unemployment and stabilize the work force by allowing certain employees to collect unemployment compensation benefits if the employees share the work remaining after a reduction in the total number of hours of work and a corresponding reduction in wages.


(Oct. 15, 2010, D.C. Law 18-238, § 2, 57 DCR 7181; June 8, 2020, D.C. Act 23-328, § 103(a), 67 DCR 7598.)