The following workplace protections shall apply to TANF recipients and applicants participating in work activities:(a) The right to work in a safe and healthy work environment, which shall include the requirement to provide protective gear for those working with unsafe substances. The physical limitations of TANF recipients and applicants shall be taken into account;(b) The right to apply for workers' compensation for injuries that occur while participating in work activities, if the TANF recipient is considered an employee for purposes of the Fair Labor Standards Act, which shall include medical expenses, payments for total or partial disability and wage replacement where applicable; and shall be available regardless of whether the TANF recipient is covered under a workers' compensation insurance policy. All work sites, including government work sites, shall be required to provide proof of workers' compensation insurance coverage for all TANF recipients at their work site;(c) The right to be free from discrimination to the extent required by federal and District law; and(d) The right to the minimum wage of the District, or state, county or municipality in which they participate in work activities under the terms as specified by the Fair Labor Standards Act and, if applicable, the District of Columbia's Minimum Wage Act Revision Act, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code 32-1002): (1) A participant shall have his or her hours reduced or a supplemental payment issued for any month in which the hours of participation divided by the amount of all payments received from the government and work site, if any, equal an amount less than the relevant minimum wage; and(2) Nothing in this paragraph shall be construed to prevent a participant from receiving more than the minimum wage.5811.2
All TANF recipients or applicants who participate in work shall be considered employees on a case-by-case basis by evaluating the facts of their situation in light of regulations and court cases pursuant to relevant employment discrimination or workplace laws such as the Fair Labor Standards Act and Title VII of the Civil Rights Act of 1964, except those who participate in job search and job readiness shall not be considered employees.5811.3
All non-governmental entities providing work-related services and all work sites shall pay into the unemployment compensation system for TANF recipients who qualify as employees pursuant to An Act To provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes, approved August 28, 1935, 49 Stat. 946, D.C. Official Code Section 51 -101.
D.C. Mun. Regs. Tit. 29, § 5811 Final Rulemaking published at 48 DCR 10251 (November 9, 2001)