D.C. Mun. Regs. tit. 7 § 902

Current through Register Vol. 70, No. 17, April 26, 2024

Rule 7-902 - PAYMENT OF MINIMUM WAGE

902.1

Commencing October 1, 1993, the minimum wage required to be paid to any employee by any employer in the District of Columbia shall be the minimum wage set by the United States Government, plus $1.00, except that this requirement shall not apply to Wage Order Number 5, "Laundry and Dry Cleaning Occupations," issued by the former Wage-Hour Board.

902.2

Irrespective of the basis of payment, whether time rate, piece rate, balms or commission, employers shall unconditionally pay employees all earned wages at least twice during each calendar month, on regular pay days, designated in advance by the employer, at not less than the minimum wage rate required.

902.3

The minimum wage provision shall not apply with respect to an individual:

(a) Employed in a bona fide executive, administrative or professional capacity;

(b) Employed as an outside salesperson; or

(c) Engaged in the delivery of newspapers to the home of the consumer.

902.4

The minimum wage provision does not apply in instances where other laws or regulations establish minimum rates for the following:

(a) Handicapped: All handicapped workers shall be paid at a rate not less than the minimum wage, except in those instances where a certificate has been issued by the United States Department of Labor that authorizes the payment of less to handicapped workers under section 214(c) of the Fair Labor Standards Act.

(b) Job Training Partnership Act (JTPA): Individuals employed under provisions of the Job Training Partnership Act shall be paid wages pursuant to that Act.

(c) Older Americans Act (OAA): Individuals employed under provisions of the Older Americans Act shall be paid pursuant to that Act.

(d) Youth Employment Act (YEA): Individuals employed under provisions of the Youth Employment Act shall be paid wages pursuant to that Act

(e) Adult Learners: Newly hired persons 18 years of age or older may be paid the minimum wage established by the United States Government for a period not to exceed 90 calendar days.

(f) Students: Students employed by institutions of higher education may be paid the minimum wage established by the United States Government,

(g) Minors: Individuals under the age of 18 years old may be paid the minimum wage established by the United States Government.

902.5

The overtime provision shall not apply with respect to an individual:

(a) Employed as a private household worker who lives on the premises of the employer.

(b) Employed as a companion for the aged or infirm.

902.6

Overtime compensation under the Act shall be paid in accordance with Title 29 Code of Federal Regulations, Part 778, Overtime Compensation Under -the Fair Labor Standards Act of 1938, as amended, except that Subpart A (General Considerations), Subpart E (Exceptions From the Regular Rate Principles), Subpart G (Miscellaneous), and Section 778.101 (Maximum Non-overtime Hours) shall have no force and effect.

D.C. Mun. Regs. Tit. 7, § 902

Notice of Final Rulemaking published at 41 DCR 187 (January 14, 1994)