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The DC Code: § 2-220.05 Exemptions.

Index2 Government Administration. (Refs & Annos)

The following types of contracts, government assistance, and employment shall be exempt from the requirement of this subchapter:

1
Contracts or other agreements that are subject to higher wage level determinations required by federal law;
2
Existing and future collective bargaining agreements, provided, that the future collective bargaining agreement results in the employee being paid no less than the established living wage;
3
Contracts for electricity, telephone, water, sewer or other services delivered by a regulated utility;
4
Contracts for services needed immediately to prevent or respond to a disaster or eminent threat to public health or safety declared by the Mayor;
5
Contracts or other agreements awarded to recipients that provide trainees with additional services including, but not limited to, case management and job readiness services; provided, that the trainees do not replace employees subject to this subchapter;
6
An employee under 22 years of age employed during a school vacation period, or enrolled as a full-time student, as defined by the respective institution, who is in high school or at an accredited institution of higher education and who works less than 25 hours per week; provided, that he or she does not replace employees subject to this subchapter;
7
Tenants or retail establishments that occupy property constructed or improved by receipt of government assistance from the District of Columbia; provided, that the tenant or retail establishment did not receive direct government assistance from the District;
8
Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S. C. § 501(c)(3));
9
Medicaid provider agreements for direct care services to Medicaid recipients; provided, that the direct care service is not provided through a home care agency, a community residence facility, or a group home for persons with intellectual disabilities, as those terms are defined in § 44-501; and
10
Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

Historical and Statutory

Effect of Amendments D.C. Law 16-191, in par. (1), inserted "higher" preceding "wage level determinations". D.C. Law 19-169, in par. (9), substituted "persons with intellectual disabilities" for "mentally retarded persons". Temporary Amendments of Section For temporary (225 day) amendment of section, see § 2 of the Living Wage Clarification Temporary Amendment Act of 2006 (D.C. Law 16-184, November 16, 2006, law notification 53 DCR 9651). Emergency Act Amendments For temporary (90 day) amendment of section, see § 2 of Living Wage Clarification Emergency Amendment Act of 2006 (D.C. Act 16-411, July 12, 2006, 53 DCR 5771). For temporary (90 day) amendment of section, see § 2 of Living Wage Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-530, December 4, 2006, 53 DCR 9836). Legislative History of Laws For Law 16-118, see notes following § 2-220.01. For Law 16-191, see notes following § 2-218.02. Law 16-294, the "Second Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-996, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-653 and transmitted to both Houses of Congress for its review. D.C. Law 16-294 became effective on March 14, 2007. Law 19-169, the "People First Respectful Language Modernization Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-189, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-361 and transmitted to both Houses of Congress for its review. D.C. Law 19-169 became effective on September 26, 2012. Editor's Notes D.C. Law 16-294 purported to make the same amendment previously made by D.C. Law 16-191. DC CODE § 2-220.05 Current through December 11, 2012

Credits

(June 8, 2006, D.C. Law 16-118, § 105, 53 DCR 2602; Mar. 2, 2007, D.C. Law 16-191, § 111, 53 DCR 6794; Sept. 26, 2012, D.C. Law 19-169, § 5(a), 59 DCR 5567.)