6094818 Elections, Board of - Receipt and Intent to Review Initiative Measure - Fair Minimum Wage Act of 2017  

  • 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