Bill 20-199, “Fiscal Year 2014 Budget Support Act of 2013”

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SUBTITLE G. WAGE THEFT PREVENTION 

Sec. 2061. Short title.

This subtitle may be cited as the “Wage Theft Prevention Amendment Act of 2013”.

Sec. 2062. An Act to provide for the payment and collection of wages in the District of Columbia, approved August 3, 1956 (70 Stat. 976; D.C. Official Code § 32-1301 et seq.), is amended as follows:

(a) Section 1(3) (D.C. Official Code § 32-1301(3)) is amended to read as follows:

“(3) “Wages” means all monetary compensation after lawful deductions, owed by an employer, whether the amount owed is determined on a time, task, piece, commission, or other basis of calculation. The term “wages” includes a:
“(A) Bonus;
“(B) Commission;
“(C) Fringe benefits paid in cash;
“(D) Overtime premium; and
“(E) Other remuneration promised or owed:
“(i) Pursuant to a contract for employment, whether written or oral;
“(ii) Pursuant to a contract between an employer and another person or entity; or
“(iii) Pursuant to District or federal law.”.

(b) Section 3(4) (D.C. Official Code § 32-1303(4)) is amended by striking the phrase  “equal to the unpaid wages” and inserting the phrase “equal to treble the unpaid wages” in its place.

(c) Section 5 (D.C. Official Code §32-1305) is amended as follows:

(1) The existing language is designated as subsection (a).

(2) A new subsection (b) is added to read as follows:

“(b) In enforcing the provisions of this act, the remuneration promised by an employer to an employee shall be presumed to be at least the amount required by federal law, including federal law requiring the payment of prevailing wages, or by District law.”

(d) Section 6(a) (D.C. Official Code § 32-1306(a)) is amended as follows:

(1) Strike the phrase “for penalties” and insert the phrase “for the payment of  wages, liquidated damages, and penalties” in its place.

(2) A new sentence is added to the end to read as follows: “The Mayor shall inform any employee affected by a prosecution brought under this section of the proceedings of the prosecution and shall consult with the employee concerning appropriate restitution and damages.”

Sec. 2063. Section 13(f) of the Minimum Wage Act Revision Act of 1992, effective  March 25, 1993 (D.C. Law 19-248; D.C. Official Code § 32-1012(f)), is amended by striking the phrase “wages owed” and inserting the phrase “wages and liquidated damages owed” in its place.

Sec. 2064. Section 108 of the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.08), is amended as follows:

(a) Strike the phrase “wages required” and insert the phrase “wages, enforcement of non- payment, and penalties and remedies for non-payment required” in its place.

(b) A new sentence is added to the end to read as follows: “Failure to pay wages in conformance with this act shall constitute unpaid wages and shall subject the violator to all procedures, liquidated damages and penalties, and any other remedies or relief applicable under An Act To provide for the payment and collection of wages in the District of Columbia, approved August 3, 1956 (70 Stat. 976; D.C. Official Code § 32-1301 et seq.).”