Section 7-1007. EXEMPTIONS

 

1007.1The following types of contracts, government assistance, and employment are exempt from the requirements of the Act:

 

(a)Contracts or other agreements that are subject to higher wage level determinations required by federal law;

 

(b)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;

 

(c)Contracts for electricity, telephone, water, sewer, or other services delivered by a regulated utility;

 

(d)Contracts for services needed immediately to prevent or respond to a disaster or eminent threat to public health or safety declared by the Mayor;

 

(e)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 the Act;

 

(f)An employee under twenty-two (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 twenty-five (25) hours per week; provided, that he or she does not replace an employee subject to the Act;

 

(g)Tenants or retail establishments that occupy property constructed or improved by receipt of government assistance from the District of Columbia government; provided, that the tenant or retail establishment did not receive direct government assistance from the District government;

 

(h)Employees of nonprofit organizations that employ not more than fifty (50) full-time equivalent individuals and that 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));

 

(i)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 mentally retarded persons, as those terms are defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and

 

(j)Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

authority

The Director of the Department of Employment Services, pursuant to the authority set forth in sections 110 of the Way to Work Amendment Act of 2006 effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.10. (2006 Repl.)) (“Living Wage” or “Act”) and Mayor’s Order 2006-122, dated September 27, 2006.

source

Notice of Final Rulemaking published at 58 DCR 2831, 2835 (April 1, 2011).