Section 7-1008. WAIVERS

1008.1The Director may exempt a recipient from the requirements of the Act if the waiver is approved by the Council of the District of Columbia.

 

1008.2A recipient requesting a waiver shall submit a signed written application to the Director and shall demonstrate that compliance with the Act will constitute a significant financial hardship to the recipient that will result in either:

 

(a) A layoff of a significant number of employees;

 

(b)A substantial downsizing of the recipient’s business entity; or

 

(c)The inability of the recipient to meet its payroll.

 

1008.3All applications for waiver shall include the recipient’s name, telephone number, and the identity and authority of the individual requesting the waiver.  The application shall also identify the name, address, and telephone number of any individual or entity that prepared any of the financial information submitted in support of the waiver request.  The application shall also identify the name, address, and telephone number of any subcontractor of the recipient that is subject to the Act and is involved with the contract or government assistance for which the waiver is sought.  The application shall also contain the number of affiliated employees involved with the contract or government assistance.

 

1008.4The Director may require any recipient applying for a waiver to submit certified financial or other records that the Director believes may be necessary to decide the waiver request, including financial or other records not otherwise required by § 1005.

 

1008.5The Director shall decide all waiver requests within thirty (30) business days after the submission of the application for waiver or as soon as practicable thereafter.  The thirty (30) business day period shall commence on the day of the submission of the application for waiver or the date on which any final additional requested document is submitted to the Director, whichever occurs later.

 

1008.6Submission of a request for waiver shall not relieve the recipient from complying with the Act during the time the application for waiver is pending.

 

1008.7The Director shall issue a written recommendation or decision on all applications which are to be granted.  If the Director does not issue a recommendation or decision within the thirty (30) business day period established by § 1008.5, the application shall be considered denied.

 

1008.8An application for waiver which is granted by the Director shall not be effective unless the waiver is approved by the Council of the District of Columbia, by act, as set forth in section 109 of the Act (D.C. Official Code § 2-220.09).

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, 2836 (April 1, 2011).