DC Code § 32-242 (2021)
2021 District of Columbia Code|Title 32 - Labor|Chapter 2 - Employment of Minors|Subchapter II - Programs for Youth Employment|§ 32-242. Programs for employment and training of young District domiciliaries

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a) The Mayor shall establish and implement programs, subject to the annual appropriation of funds, for the employment and training of young persons who are domiciliaries of the District of Columbia, as follows: (1) Summer youth jobs. — (A)(i) A summer youth jobs program to provide for the employment or training each summer of not fewer than 10,000 or more than 21,000 youth. Youth shall be 14 through 24 years of age on the date of enrollment in the program; provided, that the program shall provide employment or training each summer to no more than 900 youth ages 22 through 24 years of age on the date of enrollment. (ii) Youth 14 or 15 years of age at the date of enrollment shall receive an hourly work readiness training rate of not less than $6.25. (iii) Youth ages 16 to 21 years at the date of enrollment shall be compensated at an hourly rate of not less than $8.25. (iv) Youth 22 through 24 years of age at the date of enrollment shall be compensated at an hourly rate equal to the minimum wage specified in § 32-1003.  (v)(I) At least 100 participants shall be placed with host employers that also employ registered apprentices. (II) For the purposes of this sub-subparagraph, host employers may be those that participate in the summer youth jobs program through the District of Columbia Public Schools' Career Ready Internship Program. (A-i) Registration for the summer youth jobs program shall occur annually. (B) The weekly number of hours of employment under the summer youth jobs program shall be established according to the age of the youth to be employed and the nature and requirements of the job, but shall not be fewer than 20 hours or more than 40 hours per week. Participants in this program shall be employed for a period of no more than 6 weeks; provided, that Opportunity Youth may be employed for up to 12 weeks. (C) Employment may include an appropriate number of supervisory positions at an hourly wage of no less than $9.25 and no greater than the minimum wage specified in § 32-1003. Supervisory positions shall not be subject to the requirements under this paragraph regarding the number of hours and weeks of employment. (D) The Department of Employment Services shall implement the summer youth jobs program subject to the appropriation of funds or availability of funds through public-private partnerships between the District government and a District business that has the ability to employ youth under this program; provided, that these partnerships shall be subject to all federal and District laws, rules, and regulations relating to the procurement and award of contracts, grants, or other government assistance. For purposes of this paragraph, the term “District Business” means a corporation or any entity carrying on any trade or business in the District of Columbia that is subject to taxation under § 47-1807.02 or § 47-1808.03. (E) Repealed. (2) In-school employment and work readiness training. — The Department of Employment Services shall implement an in-school youth employment and work readiness training program to provide for the employment or training during the school year of students aged 14 through 21 years on a part-time basis at no less than the federal minimum wage, or work readiness training rate at no less than $5.25 per hour. Priority shall be given to students who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.) (“Workforce Innovation and Opportunity Act”), as identified in regulations issued to implement this subchapter. The Mayor may provide financial incentives to increase performance outcomes. (2A) School year internship program. — (A) A program called the School Year Internship Program ("Program") for a minimum of 350 District high school students, each year, to provide work-based learning opportunities during the school year. (B)(i) High school students including students from public schools, public charter schools, private schools, and students who are homeschooled, may apply to the Department of Employment Services ("DOES") to be matched with an internship host through the Program; provided, that a student may not otherwise participate in an internship, in-school youth employment, or a work-readiness program. (ii) DOES shall give the applications of at-risk students priority over all other applications. (iii) For the purposes of this subparagraph the term "at-risk" means a public school, public charter school, private school, or homeschool student who is identified as one or more of the following: (I) Homeless; (II) In the District's foster care system; (III) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or (IV) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled. (C) DOES shall notify students of their placement with an internship host by January 5, 2022, and September 15 of each subsequent year. (D) Interns shall remain matched with their internship host between the first week of October and the last day of May; provided, that for Fiscal Year 2022, internships may begin as late as the second week in January 2022. (E) DOES shall pay interns a training rate of $10 per hour, which it shall pay by way of a debit card provided to the intern or by direct deposit. (F)(i) Internship hosts may be nonprofit organizations, public schools or public charter schools, government agencies, or private businesses. (ii) Prospective internship hosts shall submit applications to participate in the Program no later than December 1, 2021, and July 1 of each subsequent year. The application shall include a detailed job description that identifies specific tasks, projects, or duties that the intern will perform and the name and job title of the individual who will directly supervise the intern. (iii) DOES shall review internship host applications and shall give priority to applications that will engage an intern in work experience activities, rather than work readiness activities, for the majority of an intern's time. (G) DOES shall implement the Program through public-private partnerships between the District government and an internship host that has the ability to employ youth under the Program, subject to all federal and District laws, rules, and regulations relating to the procurement and award of contracts, grants, or other government assistance. (H)(i) DOES shall develop benchmarks for interns' growth and development in work readiness, which internship hosts shall utilize to assess an intern's work readiness. (ii) An internship host shall provide its written assessment of an intern's work readiness to DOES within 30 days after the end of the internship. (3) Out-of-school, year-round employment and work readiness training. — An out-of-school, year-round employment and work readiness training program to provide youth 16 through 24 years of age with employment at the prevailing entry level wage for the job being performed and no less than the federal minimum wage, or work readiness training at a training rate no less than $5.25 per hour. The Mayor may provide financial incentives to promote work readiness training activities and to increase performance outcomes. Priority shall be given to youth who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, as identified in regulations issued to implement this subchapter. The program shall include safeguards to assure that the prospect of employment resulting from this program does not induce students to drop out of school. (4) On-the-job training program for adults.— An on-the-job training program for unemployed individuals at least 18 years of age. Priority shall be given to participants who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, as identified in regulations issued to implement this subchapter. The District government shall reimburse participating employers no more than 75% of the prevailing wage paid for an occupation, as determined by the Mayor, for a period not to exceed 12 months. The employer shall pay all wages in excess of the allowable reimbursement and all fringe benefits. The Mayor shall require that participating private-sector employers agree to hire persons who successfully complete the program. On-the-job training participants shall not displace existing employees or be used as substitutes for regular workers. (5) Training and retraining for employment.— Programs for pre-employment training and retraining for persons 16 years of age and above. Priority shall be given to participants who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, as identified in regulations issued to implement this subchapter. Training programs established pursuant to this paragraph may be coupled with those conducted pursuant to paragraphs (3) and (4) of this subsection. (a-1) At least 66% of the local funds that the Department of Employment Services uses for training offered pursuant to subsection (a)(2) and (3) of this section each fiscal year shall be spent on in-school youth who are District of Columbia residents and reside or attend a public school or public charter school in Ward 7 or Ward 8, and who are not participants in the District of Columbia Public Schools' Career Bridge Program. (a-2) Repealed. (b) Employment under the programs established pursuant to subsection (a) of this section may be provided directly with the government of the District of Columbia or with the private sector on a fully funded, partially or match-funded basis through grants to or by contract with nonprofit or profit-making organizations, associations, institutions or businesses. The Mayor shall not use more than 10% of funds for the programs for administrative and vendor costs. The Mayor may enter into performance-based contracts to implement programs described in subsection (a) of this section. (c) The programs established pursuant to subsection (a) of this section may include, but shall not be limited to, the following supportive services and activities: Transportation; orientation; counseling and training; supplies and equipment; and program promotion. (d) For the purposes of this section, to give priority to participants who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act means to engage in a good-faith effort to fill at least 30% of a program’s available positions with persons who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act. (e) An employer required by law to pay a minimum wage higher than that specified in this section shall pay such higher wage to persons employed pursuant to this section. (f) The Mayor of the District of Columbia shall issue regulations to implement this section. The rules and regulations issued by the Mayor for the purpose of implementing the provisions of this section shall be submitted by the Mayor to the Council of the District of Columbia for a 45 calendar-day review period, excluding days of Council recess. No such rules or regulations shall take effect until the end of the 45 calendar-day period beginning on the day such rules or regulations are transmitted by the Mayor to the Chairman of the Council, and then only if during such period the Council does not adopt a resolution disapproving such rules and regulations in whole or in part. (g)(1) The Department of Employment Services shall collect, and publish on its website, aggregated information on the participants of the summer youth jobs program, including statistics on: (A) The demographics of participants; (A-i) The number of participants who were: (i) Opportunity Youth; (ii) Opportunity Youth who participated in the program for more than 6 weeks; (iii) Opportunity Youth who participated in the program for 12 weeks; (iv) Opportunity Youth who were referred to year-round training or education; (v) Placed with a host employer that employs registered apprentices; and (vi) Employed in supervisory positions; (B) Participants’ activities in the program; and (C) Participants' employment following the end of the program, including the number of: (i) Opportunity Youth employed who participated in the program for longer than 6 weeks; and (ii) Participants who entered a registered apprenticeship program following placement with a host employer that employs registered apprentices. (2) Beginning December 15, 2019, and annually thereafter, the Department of Employment Services shall publish the information collected pursuant to paragraph (1) of this subsection for the preceding summer; provided, that information responsive to paragraphs (1)(A-i) and (C)(i) and (ii) of this subsection first may be published in December 2020. (3) It is the sense of the Council that the Department of Employment Services shall consult with the Council on revising the existing evaluation requirement for the summer youth jobs program to focus on program outcomes and program effectiveness. (4) With regard to the summer 2015 program only, the Mayor shall conduct an assessment and evaluation of employment outcomes as of December 31, 2015, for summer employment participants 22 through 24 years of age. (5) In Fiscal Year 2016, the District of Columbia Auditor shall conduct an evaluation of multiple years of the summer youth jobs program to assess whether the program has met and is meeting program objectives.  (Jan. 5, 1980, D.C. Law 3-46, § 2 [redesignated], 26 DCR 2310; July 2, 1982, D.C. Law 4-124, § 2, 29 DCR 2091; Mar. 10, 1983, D.C. Law 4-193, § 2, 30 DCR 43; Feb. 28, 1987, D.C. Law 6-211, § 2, 34 DCR 847; May 10, 1989, D.C. Law 7-231, § 45, 36 DCR 492; Oct. 18, 2005, D.C. Law 16-22, § 2, 52 DCR 8076; Apr. 24, 2007, D.C. Law 16-305, § 44, 53 DCR 6198; Sept. 11, 2008, D.C. Law 17-221, § 2, 55 DCR 8293; Sept. 11, 2008, D.C. Law 17-223, § 2, 55 DCR 8297; Mar. 3, 2010, D.C. Law 18-111, § 1071, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 2232(a), 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 2062, 58 DCR 6226; Oct. 22, 2015, D.C. Law 21-36, § 2032, 62 DCR 10905; May 12, 2016, D.C. Law 21-112, § 2, 63 DCR 4326; Oct. 8, 2016, D.C. Law 21-160, § 7026, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 2062, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2142, 65 DCR 9388; redesignated as § 2a, Sept. 11, 2019, D.C. Law 23-16, § 2142, 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149, §§ 2082(b), 2102, 67 DCR 10493; Aug. 23, 2021, D.C. Act 24-159, § 4132, 68 DCR 008602.)  Prior Codifications 1981 Ed., § 36-702. Section References This section is referenced in § 1-328.05, § 32-243, § 32-771, and § 47-1818.03. Effect of Amendments D.C. Law 16-22, rewrote subsec. (a)(1) which had read as follows: “(1) Summer youth jobs.—A summer youth jobs program to provide for the employment each summer of youths between the ages of 14 and 21 on the date of enrollment in the program, at a rate equal to the federal minimum wage as established by § 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. § 206). The weekly number of hours of such employment shall be established according to the age of the youth to be employed and the nature and requirements of the job, but shall not be less than 20 nor more than 40 hours per week. Employment under this program may include an appropriate number of supervisory positions at a wage not to exceed the federal minimum wage by more than 12%.” D.C. Law 16-305, in subsec. (d)(4)(B), substituted “An individual with a disability” for “A handicapped individual”. D.C. Law 17-221 rewrote subsec. (d). D.C. Law 17-223, in subsec. (a)(2), substituted “basis, with the minimum of 10 hours per week,” for “basis”; in subsecs. (a)(2), (3), substituted “residents; provided, that youth who are not economically disadvantaged or public housing residents shall be eligible for the program” for “residents”; and, in subsec. (b), added “The Mayor shall not use more than 10% of funds for the programs for administrative and vendor costs.” D.C. Law 18-111, in subsec. (a)(1)(A), substituted “no less than 10,000 and no more than 21,000 youth” for “10,000 youth”; added subsec. (a)(1)(A-i ); and, in subsec. (a)(1)(B), substituted “period of no more than 6 weeks” for “minimum of”. D.C. Law 18-223 added a section heading; and, in subsec. (a)(1)(B), substituted “25 hours” for “40 hours”. D.C. Law 19-21 rewrote subsec. (a)(1)(A), which formerly read: “(1)(A) Summer youth jobs—A summer youth jobs program to provide for the employment each summer of no less than 10,000 and no more than 21,000 youth between 14 and 21 years of age on the date of enrollment in the program, at a rate at least equal to the federal minimum wage established by section 6 of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1062; 29 U.S.C. § 206).” The 2015 amendment by D.C. Law 21-36 rewrote (a)(1)(A) and (A-i); substituted “but shall not be fewer than 20 hours or more than 40 hours” for “but shall not be less than 20 nor more than 25 hours” in (a)(1)(B); rewrote (a)(1)(C); repealed (a)(1) (E); rewrote (a)(2), (3), (4), and (5); added the last sentence in (b); rewrote (d); and added (g). Applicability Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.  Section 109 of D.C. Law 22-124 repealed § 3 of D.C. Law 21-112. Therefore the changes made to this section by D.C. Law 21-112 have been given effect. Applicability of D.C. Law 21-112: § 3 of D.C. Law 21-112 provided that the change made to this section by § 2 of D.C. Law 21-112 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see § 4132 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see § 2142(c) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see § 2142(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see § 2142(c) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 2142(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 2142 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see § 2142 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).   For temporary (90 days) amendment of this section, see § 2062 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of the delayed applicability provision affecting this section, see § 105 of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).   For temporary (90 days) amendment of this section, see § 2062 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For temporary (90 day) amendment of section, see § 2 of Access to Youth Employment Programs Emergency Amendment Act of 2007 (D.C. Act 17-170, October 26, 2007, 54 DCR 10982). For temporary (90 day) amendment of section, see § 1071 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see § 2261 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 1071 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) addition, see § 2261 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) amendment of section, see § 2232(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). For temporary (90 days) amendment of this section, see § 2 of the Youth Employment and Work Readiness Training Emergency Amendment Act of 2015 (D.C. Act 21-73, May 26, 2015, 62 DCR 6884, 21 DCSTAT 1449). For temporary (90 days) amendment of this section, see § 2 of the Youth Employment and Work Readiness Training Temporary Amendment Act of 2015 (D.C. Act 21-93, June 17, 2015, 62 DCR 8852). For temporary (90 days) amendment of this section, see §§ 2032 and 2034 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). For temporary (90 days) repeal of D.C. Law 21-23, see § 2033 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). For temporary (90 days) amendment of this section, see § 2(a) of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734). For temporary (90 days) amendment of this section, see § 8 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2016 (D.C. Act 21-292, Jan. 27, 2016, 63 DCR 1211). For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Marion S. Barry Summer Youth Employment Expansion Emergency Amendment Act of 2016 (D.C. Act 21-306, Feb. 18, 2016, 63 DCR 2180). Temporary Legislation  For temporary (225 days) repeal of the delayed applicability provision affecting this section, see § 107 of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).  For temporary (225 day) amendment of section, see § 2 of the Access to Youth Employment Programs Temporary Amendment Act of 2007 (D.C. Law 17-75, January 23, 2008, law notification 55 DCR 1455). For temporary (225 days) amendment of this section, see § 2 of the Youth Employment and Work Readiness Training Temporary Amendment Act of 2015 (D.C. Law 21-23, Sept. 17, 2015, 62 DCR 8852). For temporary (225 days) amendment of this section, see § 10 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264). For temporary (225 days) amendment of section, see § 2 of the Marion S. Barry Summer Youth Employment Expansion Temporary Amendment Act of 2016 D.C. Law 21-104, April 20, 2016, 63 DCR 3656, 20 DCSTAT 3149). Short Title Short title: Section 1070 of D.C. Law 18-111 provided that subtitle H of title I of the act may be cited as the “Summer Youth Employment Amendment Act of 2009”. Short title: Section 2231 of D.C. Law 18-223 provided that subtitle T of title II of the act may be cited as the “Youth Workforce Development Planning and Evaluation Amendment Act of 2010”. Short title: Section 2061 of D.C. Law 19-21 provided that subtitle G of title II of the act may be cited as “Summer Youth Employment Compensation Amendment Act of 2011”. Editor's Notes Authorization of funds for contract with D.C. Street Academy: Section 3 of D.C. Law 4-124 provided that during the fiscal year ending September 30, 1983, the expenditure of funds is authorized for a direct contract with the D.C. Street Academy, a nonprofit, certified, and accredited secondary school specifically designed and established to serve the target population identified in § 36-702(a)(5) § 32-241, (2001 Ed.).