For the purposes of this subchapter:
Interpretations of what constitutes working time shall be made in accordance with Title 29 of the Code of Federal Regulations, Part 785, Hours Worked Under the Fair Labor Standards Act of 1938, as amended, except that references to interpretations of the Portal-to-Portal Act shall have no force and effect.
- The term "employ" includes to suffer or permit to work.
- The term "employee" includes any individual employed by an employer, except that this term shall not include:
- Any individual who, without payment and without expectation of any gain, directly or indirectly, volunteers to engage in the activities of an educational, charitable, religious, or nonprofit organization;
- Any lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions; or
- Any individual employed as a casual babysitter, in or about the residence of the employer.
- The term "employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States or the District of Columbia.
- The term "gratuities" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered.
- The term "Mayor" means the Mayor of the District of Columbia or the Mayor's designated agent or representative, including the Department of Employment Services.
- The term "occupation" means any occupation, service, trade, business, industry, or branch or group of occupations or industries, or employment or class of employment, in which employees are gainfully employed.
- The term "office building" means any commercial property where the primary functions are the transaction of administrative, business, civic, or professional services, including properties where handling goods, wares, or merchandise, in limited quantities, is accessory to the primary occupancy or use. The term "office building" does not include libraries, museums, or universities.
- The term "regular rate" means all remuneration for employment paid to, or on behalf of, the employee, but shall not be considered to include the items set forth in the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207(e)(1), (2), (3), (4), (5), (6), and (7). Extra compensation paid as described in § 207(e)(5), (6), and (7) shall be creditable toward overtime compensation.
- The term "security officer" shall have the same meaning as provided in section 2100 of Title 17 of the District of Columbia Municipal Regulations.
- The term "wage" means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, including allowances as may be permitted by any regulation issued under §§ 32-1003 and 32-1006.
- The term "Washington metropolitan region" means the area consisting of the District of Columbia, Montgomery, and Prince George's Counties in Maryland, Arlington and Fairfax Counties and the Cities of Alexandria, Fairfax and Falls Church in Virginia.
- The term "working time" means all the time the employee:
- Is required to be on the employer's premises, on duty, or at a prescribed place;
- Is permitted to work;
- Is required to travel in connection with the business of the employer; or
- Waits on the employer's premises for work.
Historical and Statutory
1981 Ed., § 36-220.1.
Effect of Amendments
D.C. Law 17-114 added pars. (6A) and (7A).
Legislative History of Laws
For legislative history of D.C. Law 9-248, see Historical and Statutory Notes following § 32-1001.
Law 17-114, the "Enhanced Professional Security Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-199 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayor on January 23, 2008, it was assigned Act No. 17-257 and transmitted to both Houses of Congress for its review. D.C. Law 17-114 became effective on March 20, 2008.
References in Text
The "Portal-to-Portal Act", referred to in (10), is 29 U.S.C. § 251 et seq.
DC CODE § 32-1002
Current through December 11, 2012
(Mar. 25, 1993, D.C. Law 9-248, § 3, 40 DCR 761; Mar. 20, 2008, D.C. Law 17-114, § 2(a), 55 DCR 1276.)