6094818 Elections, Board of - Receipt and Intent to Review Initiative Measure - Fair Minimum Wage Act of 2017
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BOARD OF ELECTIONS
NOTICE OF PUBLIC HEARING
RECEIPT AND INTENT TO REVIEW INITIATIVE MEASURE
The Board of Elections shall consider in a public hearing whether the proposed measure “Fair Minimum Wage Act of 2017” is a proper subject matter for initiative at its regular meeting on Wednesday, August 3, 2016 at 10:30 a.m., One Judiciary Square, 441 4th Street, NW, Suite 280 North, Washington, D.C.
The Board requests that written memoranda be submitted for the record no later than 4:00 p.m., Thursday, July 28, 2016 to the Board of Elections, General Counsel’s Office, One Judiciary Square, and 441 4th Street, NW, Suite 270 North, Washington, D.C. 20001.
Each individual or representative of an organization who wishes to present testimony at the public hearing is requested to furnish his or her name, address, telephone number, and name of the organization represented (if any) by calling the General Counsel’s office at 727-2194 no later than 4:00 p.m., Friday, June 29, 2016.
The Short Title, Summary Statement, and Legislative Text of the proposed initiative read as follows:
SHORT TITLE
Fair Minimum Wage Act of 2017
SUMMARY STATEMENT
This initiative would raise D.C.’s minimum wage to $12.50 per hour in July 2017, and then raise
it each year after than until it reaches $15 per hour in July 2020; after that it would apply D.C.’s
existing requirement that the minimum wage be adjusted each year to match the rising cost of
living. It would also gradually raise the minimum wage employers have to pay employees who
receive tips until it matches the full minimum wage by July 2026. These increased minimum
wage levels would not apply to employees of the D.C. government or of D.C. government
contractors.
LEGISLATIVE TEXT
BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA, That this
measure may be cited as the “Fair Minimum Wage Act of 2017”
--D.C. Code § 32-1003--
Section 1. Section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993
(D.C. Law 9-248; D.C. Official Code § 32-1003), as amended by the Minimum Wage
Amendment Act of 2013 (D.C. Law 20-459) is further amended as follows:
Paragraph (6) of subsection (a) is amended to read as follows:
“(6) Except as provided in subsections (h) and (i) of this section, as of July 1, 2017, the
minimum wage required to be paid to any employee by any employer in the District of Columbia
shall be not less than $12.50 an hour.”
Subsection (a) is further amended by adding new paragraphs (7), (8), (9) and (10) to read as
follows:
“(7) Except as provided in subsections (h) and (i) of this section, as of July 1, 2018, the
minimum wage required to be paid to any employee by any employer in the District of Columbia
shall be not less than $13.25 an hour.
“(8) Except as provided in subsections (h) and (i) of this section, as of July 1, 2019, the
minimum wage required to be paid to any employee by any employer in the District of Columbia
shall be not less than $14.00 an hour.
“(9) Except as provided in subsections (h) and (i) of this section, as of July 1, 2020, the
minimum wage required to be paid to any employee by any employer in the District of Columbia
shall be not less than $15.00 an hour.
“(10)(A) Except as provided in subsections (h) and (i) of this section, beginning on July 1, 2021
and no later than July 1 of each successive year, the minimum wage provided in this subsection
shall be increased in proportion to the annual average increase, if any, in the Consumer Price
Index for All Urban Consumers in the Washington Metropolitan Statistical Area published by
the Bureau of Labor Statistics of the United States Department of Labor for the previous
calendar year. Any increase under this paragraph shall be adjusted to the nearest multiple of $.05.
(B) The Mayor shall publish in the District of Columbia Register and make available to
employers a bulletin announcing the adjusted minimum wage rate as provided in this paragraph.
The bulletin shall be published at least 30 days before the annual minimum wage rate
adjustment.”
(c) Subsection (f) is amended by redesignating subsection (f) thereof as subsection (f)(1) and
adding to subsection (f) the following new paragraphs (2), (3), (4), (5), (6), (7), (8), (9)
and (10) to read as follows:
“(2) Except as provided in subsections (h) and (i) of this section, as of July 1, 2018, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $4.50 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(3) Except as provided in subsections (h) and (i) of this section, as of July 1, 2019, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $6.00 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(4) Except a
s provided in subsections (h) and (i) of this section, as of July 1, 2020, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $7.50 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(5) Except as provided in subsections (h) and (i) of this section, as of July 1, 2021, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $9.00 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(6) Except as provided in subsections (h) and (i) of this section, as of July 1, 2022, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $10.50 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(7) Except as provided in subsections (h) and (i) of this section, as of July 1, 2023, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $12.00 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(8) Except as provided in subsections (h) and (i) of this section, as of July 1, 2024, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $13.50 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(9) Except as provided in subsections (h) and (i) of this section, as of July 1, 2025, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than $15.00 an hour, provided that the employee actually
receives gratuities in an amount at least equal to the difference between the hourly wage paid and
the minimum wage as set by subsection (a) of this section.
“(10) Except as provided in subsections (h) and (i) of this section, as of July 1, 2026, the
minimum wage required to be paid by any employer in the District of Columbia to any employee
who receives gratuities shall be not less than the minimum wage as set by subsection (a) of this
section.”
A new subsection (i) is added to read as follows:
“(i) The provisions of paragraphs (6), (7), (8), (9) and (10) of subsection (a) of this section, and
the provisions of paragraphs (2), (3), (4), (5), (6), (7), (8), (9) and (10) of subsection (f) of this
section shall not apply to employees of the District of Columbia, or to employees employed to
perform services provided under contracts with the District of Columbia. Such employees shall
continue to be subject to the minimum wage requirements of the Minimum Wage Act Revision
Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code §§ 32-1003, et.
seq.), as amended by the Enhanced Professional Security Amendment Act of 2008, effective
March 20, 2008 (D.C. Law 17-114), as amended by the Minimum Wage Amendment Act of
2013 (D.C. Law 20-459), as they existed prior to the effective date of the Fair Minimum Wage
Act of 2017, and to the requirements of all other applicable laws, regulations or policies relating
to wages or benefits, including but not limited to, the Living Wage Act of 2006, effective June 8,
2006 (D.C. Law 16-118; D.C. Official Code §§ 2-220.1, et seq.).”
Section 3. Nothing in this act shall be construed as preventing the Council of the District of
Columbia from increasing minimum wages or benefits to levels in excess of those provided for
in this Act for any category of employees, including but not limited to those employees described
in D.C. Official Code section 32-1003(i) as added by this Act.
Section 4. If any section of this act or its application to any persons or circumstances is held
invalid, the remainder of this measure, or the application of its provisions to other persons or
circumstances, shall not be affected. To this end, the provisions of this act are severable.
Section 5. This act shall take effect after a 30-day period of Congressional review as provided in
section 602(c)(1) of the District of Columbia Self-Government and Government Reorganization
Act (Home Rule Act), approved December 24, 1971 (87 Stat. 813; D.C. Official Code §1-
206.02(c)(1)).
Section 6. This act shall supersede any amendments to Section 4 of the Minimum Wage Act
Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-
1003) enacted on or after June 1, 2016 but before the effective date of this Act
