D.C. Mun. Regs. tit. 7 § 999

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

Rule 7-999 - DEFINITIONS

999.1

The following words and phrases used in these sections applicable to the District of Columbia Wage Payment and Wage Collection Law shall have the following meanings ascribed:

Administrative Capacity - A person employed in a bona fide administrative capacity shall mean an employee who meets all of these tests:

(1) Primary duty must be either (a) responsible office or nonmanual work (in other words, "white collar" work) directly related to management policies or general business operations or (b) responsible work that is directly related to academic instructions or training carried on in the administration of a school system or educational establishment; and

(2) Customarily and regularly exercise discretion and independent judgment, as distinguished from using skills and following procedures. He or she must have authority to make important decisions; and

(3) Must (a) regularly assist a proprietor or a bona fide executive or administrative employee or (b) perform work under only general supervision along specialized or technical lines requiring special training, experience or knowledge or (c) execute special assignments under general supervision; and

(4) Must not spend more than 20 percent of his or her workweek (less than 40 percent if employed by a retail or service establishment) on nonexempt work, that is, work not directly and closely related to his or her administrative duties; and

(5) Must be paid on a salary or fee basis at a rate of not less than $155 a week.

Special proviso for high salaried administrative employees: an administrative employee who is paid on a salary or fee basis at a rate of at least $250 a week is exempt if (a) his or her primary duty consists of responsible office or non manual work directly related to management policies or general business operations or (b) responsible work in the administration of a school system or educational establishment or institution or department or subdivision thereof that is directly related to the academic instruction or training; and such primary duty includes work requiring the exercise of discretion and independent judgment.

Interpretations of the term "administrative capacity" shall be made in accordance with Title 29 Code of Federal Regulations, Part 541, Defining the Terms "Executive," "Administrative," "Professional" and "Outside Salesman."

Executive Capacity - A person employed in a bona fide executive capacity shall mean an employee who meets all of these tests:

(1) Primary duty must be management of the enterprise, or of a recognized department or subdivision; and

(2) Regularly direct the work of at least two full-time employees; and

(3) Have authority to hire and fire, or recommend hiring and firing; or whose recommendation on these and other actions affecting employees is given weight; and

(4) Regularly exercise discretionary powers; and

(5) Devote no more than 20 percent of his or her workweek (less than40 percent if he or she is employed by a retail or service establishment) to nonexempt work, that is, not directly and closely related to his or her executive duties; and

(6) Paid on a salary basis at a rate of at least $155 a week.

Two exceptions to the percentage tests on nonexempt work:

(1) the employee is in sole charge of an independent or physically separated branch establishment;

(2) owns a 20 percent interest in the enterprise or a recognized department or subdivision. The percentage tests on nonexempt work do not apply to such an executive.

Special proviso for high salaried executives: an executive who is paid at least $250 a week on a salary basis is exempt if he or she regularly directs the work of at least two full-time employees and his or her primary duty is management of the enterprise or a recognized department or subdivision. The percentage tests on nonexempt work do not apply to such an executive.

Interpretations of the term "executive capacity" shall be made in accordance with Title 29 Code of Federal Regulations, Part 541, Defining the Terms "Executive," "Administrative," "Professional" and "Outside Salesman."

Professional Capacity - A person employed in a bona fide professional capacity shall mean an employee who meets all of these tests:

(1) Primary duty must he either (a) work requiring knowledge of an advanced type in a field of science or learning. Ususally obtained by a prolonged course of specialized instruction and study or (b) work that is original and creative in character in a recognized field of artistic endeavor and the result of which depends primarily on his or her invention, imagination, or talent or (c) work as a teacher certified or recognized as such in the school system or educational institution by which he or she is employed; and

(2) Consistently exercise descretion and judgment; and

(3) Do work that is mainly intellectual and varied, as distinguished from routine or mechanical duties; and

(4) Must not spend more than 20 percent of his or her workweek on activities not essentially a part of and necessarily incident to professional duties; and

(5) Paid on a salary or fee basis at a rate of not less than $170 a week. This requirement does not apply to (a) an employeee who is the holder of a valid license and is engaged in the practice of law or medicine; or (b) an employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program; or (c) an employee employed and engaged as a teacher.

Special proviso for high salaried professional employees: a professional employee who is paid on a salary or fee basis at a rate of at least $250 a week is exempt if (a) his or her primary duty consists of work in the learned field or work as a teacher in the activity of imparting knowledge which requires consistent exercise of discretion and judgment or (b) primary duty is artistic work that requires invention, imagination or talent. The 20 percent test on nonexempt work does not apply to such a professional employee.

Interpretations of the term "professional capacity" shall be made in accordance with Title 29 Code of Federal Regulations, Part 541, Defining the Terms "Executive," "Administrative," "Professional" and "Outside Salesman."

999.2

The terms defined in the Act shall have the meaning set forth in the Act. In addition, when used in this Chapter, the following words shall have the meaning ascribed:

Act - means the District of Columbia Minimum Wage Act Revision Act of 1992.

Babysitter - means a person employed to care for children under the age of 18 in or about the private home in which the children reside. Persons who spend more than 20 percent of their time on household work not directly related to caring for children shall not be deemed a babysitter. Interpretations of the term "babysitter" shall be made in accordance with Title 29 Code of Federal Regulations, Part 552, "Application of the Fair Labor Standards Act to Domestic Service."

Casual Babysitter - means an individual who is employed as a babysitter on an irregular or intermittent basis and whose vocation is not babysitting. Interpretations of who is a "casual babysitter" shall be made in accordance with Title 29 Code of Federal Regulations, Part 552.5 "Casual Basis" and Part 552.104 "Babysitting Services Performed on a Casual Basis."

Companion for the Aged or Infirm - includes a person employed to provide fellowship, care and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs. Included in the services performed by a companion is household work directly related to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes and other similar services. Persons who spend more than 20 percent of their time on household work not directly related to caring for the aged or infirm shall not be deemed a companion for the aged or infirm.

Institution of Higher Education -.is an institution above the secondary level, such as a college or university, a junior college or a professional school of engineering, law, library science, social work, etc. It is one that is recognized by a national accrediting agency or association as determined by the Secretary of Education. Any further interpretations of the term shall be made in accordance with Title 29 Code of Federal Regulations, Chapter V, Section 519.12(b).

Minimum wage - means the District of Columbia minimum wage.

Private household worker - means an occupation performed by an individual in or about the private home of the person by whom he/she is employed (including temporary dwelling places and separate and distinct dwellings maintained by individuals or families in apartment houses or hotels) including, but not limited to cooks, maids, butlers, personal attendants, housekeepers, homemakers, child mentors, child monitors, day workers, nurses, home attendants, launderers, caretakers, gardeners, yard workers, chauffeurs of automobiles for family use, personal secretaries and babysitters other than casual babysitters.

Parking Lot Attendant/Parking Garage Attendant - means any person who is employed to park or supervise the parking of automobiles at a parking lot or parking garage. A person employed as a cashier, guard or maintenance person shall not be deemed as an "attendant at a parking lot or parking garage."

Outside Salesperson - means an employee who meets the following tests:

(1) Employed for the purpose of and customarily and regularly works away from the employer's place of business in (a) selling tangible or intangible items such as goods, insurance, stocks, bonds, or real estate or (b) obtaining orders or contracts for services or use of facilities, such as radio time, advertising, typewriter repairs; and

(2) Hours of work not related to his or her outside sales do not exceed 20 percent of the hours worked in the workweek by nonexempt employees of the employer.

Interpretations of the term "outside salesperson" shall be made in accordance with Title 29 Code of Federal Regulations, Part 541, Defining the Terms "Executive," "Administrative," "Professional" and "Outside Salesman."

Split Shift - means a schedule of daily hours in which the hours worked are not consecutive, except that a schedule in which the total time out for meals does not exceed one hour shall not be deemed a "split shift."

Tipped Employees - are those who engage in occupations in which tips are customarily and regularly received from patrons. Tipped employees include, but are not limited to, waiters, waitresses, counter personnel who serve customers, bus persons, server helpers, service bartenders, car wash attendants, parking lot attendants, parking garage attendants, bootblacks, hotel doorkeepers, bellhops, hat checkers, cosmetologists, manicurists, pedicurists, shampooers and aestheticians.

D.C. Mun. Regs. Tit. 7, § 999

Notice of Final Rulemaking published at 41 DCR 197-201(January 14, 1994)