2023 District of Columbia Code › Title 2 - Government Administration › Chapter 2 - Government Contracts and Business Development › Subchapter X-A - Living Wage Requirements › § 2–220.05. Exemptions

§ 2–220.05. Exemptions.
The following types of contracts, government assistance, and employment shall be exempt from the requirement of this subchapter:
(1) Contracts or other agreements that are subject to higher wage level determinations required by federal law;
(2) Existing and future collective bargaining agreements, provided, that the future collective bargaining agreement results in the employee being paid no less than the established living wage;
(3) Contracts for electricity, telephone, water, sewer or other services delivered by a regulated utility;
(4) Contracts for services needed immediately to prevent or respond to a disaster or eminent [imminent] threat to public health or safety declared by the Mayor;
(5) Contracts or other agreements awarded to recipients that provide trainees with additional services including, but not limited to, case management and job readiness services; provided, that the trainees do not replace employees subject to this subchapter;
(6) An employee under 22 years of age employed during a school vacation period, or enrolled as a full-time student, as defined by the respective institution, who is in high school or at an accredited institution of higher education and who works less than 25 hours per week; provided, that he or she does not replace employees subject to this subchapter;
(7) Tenants or retail establishments that occupy property constructed or improved by receipt of government assistance from the District of Columbia; provided, that the tenant or retail establishment did not receive direct government assistance from the District;
(8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S. C. § 501(c)(3));
(9) Medicaid provider agreements for direct care services to Medicaid recipients; provided, that the direct care service is not provided through a home care agency, a community residence facility, or a group home for persons with intellectual disabilities, as those terms are defined in § 44-501; and
(10) Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.
(June 8, 2006, D.C. Law 16-118, § 105, 53 DCR 2602; Mar. 2, 2007, D.C. Law 16-191, § 111, 53 DCR 6794; Sept. 26, 2012, D.C. Law 19-169, § 5(a), 59 DCR 5567.)
Section References
This section is referenced in § 2-220.11.
Effect of Amendments
D.C. Law 16-191, in par. (1), inserted “higher” preceding “wage level determinations”.
The 2012 amendment by D.C. Law 19-169 substituted “persons with intellectual disabilities” for “mentally retarded persons” in (9).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of Living Wage Clarification Emergency Amendment Act of 2006 (D.C. Act 16-411, July 12, 2006, 53 DCR 5771).
For temporary (90 day) amendment of section, see § 2 of Living Wage Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-530, December 4, 2006, 53 DCR 9836).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of the Living Wage Clarification Temporary Amendment Act of 2006 (D.C. Law 16-184, November 16, 2006, law notification 53 DCR 9651).
Editor's Notes
D.C. Law 16-294 purported to make the same amendment previously made by D.C. Law 16-191.
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.