§ 32–1307.01. Wage Theft Prevention Fund.

(a) There is established as a special fund the Wage Theft Prevention Fund (“Fund”), which shall be administered by the Department of Employment Services in accordance with subsection (c) of this section.

(b) The Fund shall consist of the revenue from the following sources recovered under § 32-1307 and § 32-581.04(a) and (b) of the Ban on Non-Compete Agreements Amendment Act of 2020, passed on 2nd reading on December 15, 2020 (Enrolled version of Bill 23-494) ("Ban on Non-Compete Agreements Act"):

(1) Civil fines; and

(2) Administrative penalties.

(c) The Fund shall be used to enforce the provisions of this subchapter, Chapter 5B of this title, the Living Wage Act, the Minimum Wage Revision Act, and the Sick and Safe Leave Act.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(Aug. 3, 1956, 70 Stat. 978, ch. 924, § 7a; as added Feb. 26, 2015, D.C. Law 20-157, § 2(f), 61 DCR 10157; Mar. 16, 2021, D.C. Law 23-209, § 201, 68 DCR 000782.)

Applicability

Section 2 of D.C. Law 24-132 amended section 302 of D.C. Law 23-209 to provided that the changes made to of this section by D.C. Law 23-209 shall apply as of October 1, 2022.

Section 2 of D.C. Act 24-455 amended section 302 of D.C. Law 23-209 to provided that the changes made to this section by D.C. Law 23-209 shall apply as of October 1, 2022.

Section 2 of D.C. Act 24-350 amended section 302 of D.C. Law 23-209 to provided that the changes made to this section by D.C. Law 23-209 shall apply as of October 1, 2022.

Section 7202 of D.C. Law 24-45 amended section 302 of D.C. Law 23-209 to provided that the changes made to this section by D.C. Law 23-209 shall apply as of April 1, 2022.

Section 7202 of D.C. Act 24-159 amended section 302 of D.C. Law 23-209 to provided that the changes made to this section by D.C. Law 23-209 shall apply as of April 1, 2022.

Applicability of D.C. Law 23-209: § 302 of D.C. Law 23-209 provided that the change made to this section by § 201 of D.C. Law 23-209 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

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).

Editor's Notes

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.