5704102 Resolution 21-235, Wage Theft Prevention Correction and Clarification Emergency Declaration Resolution of 2015

A RESOLUTION

                                                        

21-235

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

October 6, 2015         

 

           

To declare the existence of an emergency with respect to the need to clarify and improve the laws prohibiting wage theft and the enforcement of those laws.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Wage Theft Prevention Correction and Clarification Emergency Declaration Resolution of 2015”.

 

Sec. 2. (a) There exists a need to amend the amendments made by the Wage Theft Prevention Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-157; 61 DCR 10157) (“Wage Theft Act”), to clarify when certain provisions shall take effect, clarify who may bring an action on behalf of an employee, amend criminal penalties, clarify when amounts in the Wage Theft Prevention Fund may be spent, authorize the Mayor to issue rules, and clarify how the Mayor shall make certain information available to manufacturers. 

(b)  These changes will enhance the ability of the District to enforce laws prohibiting wage theft, thus protecting victims of employers who fail to perform the basic obligation of paying employees for work completed. 

            (c) As a result of the need to make these necessary technical corrections to the Wage Theft Act, the Council previously enacted the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014, enacted on December 29, 2014 (D.C. Act 20-544; 62 DCR 243)(“emergency legislation”), and the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014, effective March 13, 2015 (D.C. Law 20-240; 62 DCR 4511) (“temporary legislation”).

            (d) The temporary legislation is set to effective October 24, 2015. This emergency legislation is necessary to make sure there is no gap in the law until a permanent bill can be adopted by the Council.  

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 be adopted after a single reading.

 

Sec. 4. This resolution shall take effect immediately.