For the purposes of this subchapter, the term:

(1) “Domestic violence” means an intrafamily offense as defined in § 16-1001(5) [now (8)].

(2) “Employee” means any individual employed by an employer, but shall not include:

(A) Any individual who, without payment and without expectation of any gain, directly or indirectly, volunteers to engage in the activities of an educational, charitable, religious, or nonprofit organization;

(B) Any lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions;

(C) Any individual employed as a casual babysitter, in or about the residence of the employer.

(D) An independent contractor;

(E) A student;

(F) Health care workers who choose to participate in a premium pay program; or

(G) A substitute teacher or a substitute aide who is employed by District of Columbia Public Schools for a period of 30 or fewer consecutive work days.

(3)(A) “Employer” means a legal entity (including a for-profit or nonprofit firm, partnership, proprietorship, sole proprietorship, limited liability company, association, or corporation), or any receiver or trustee of an entity (including the legal representative of a deceased individual or receiver or trustee of an individual), who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of an employee.

(B) The term “employer” shall include the District government.

(4) “Family member” means:

(A)(i) A spouse, including the person identified by an employee as his or her domestic partner, as defined in § 32-701(3);

(ii) The parents of a spouse;

(iii) Children (including foster children and grandchildren);

(iv) The spouses of children;

(v) Parents;

(vi) Brothers and sisters; and

(vii) The spouses of brothers and sisters.

(B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or

(C) A person with whom the employee shares or has shared, for not less than the preceding 12 months, a mutual residence and with whom the employee maintains a committed relationship, as defined in § 32-701(1).

(5) “Paid leave” means accrued increments of compensated leave provided by an employer for use by an employee during an absence from employment for any of the reasons specified in § 32-531.02(b).

(6) “Premium pay program” means a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits.

(7) “Sexual abuse” means any offense described in Chapter 30 of Title 22 [§ 22-3001 et seq.]

(8) “Student” means an employee who:

(A)(i) Is a full-time student, as defined by an accredited institution of higher education;

(ii) Is employed by the institution at which the student is enrolled;

(iii) Is employed for less than 25 hours per week; and

(iv) Does not replace an employee subject to this subchapter; or

(B) Is employed as part of the Year Round Program for Youth, as established by the Department of Employment Services.

(9) "Substitute aide" means an individual who is employed by District of Columbia Public Schools to provide instructional assistance (general, specialized, or concentrated) to students on a temporary basis when the regular instructional aide is unavailable. The term "substitute aide" does not include an individual employed by District of Columbia Public Schools on a term or full-time assignment.

(10) "Substitute teacher" means an individual who is employed by District of Columbia Public Schools to work as a classroom teacher on a temporary basis when the regular teacher is unavailable. The term "substitute teacher" does not include an individual employed by District of Columbia Public Schools on a term or full-time assignment.

(May 13, 2008, D.C. Law 17-152, § 2, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(a), 61 DCR 317; Oct. 8, 2016, D.C. Law 21-160, § 7025, 63 DCR 10775.)

2001 Ed., § 32-131.01.

The 2014 amendment by D.C. Law 20-89 rewrote (2); and substituted “who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of” for “who employs” in (3).

As to applicability of subchapter being contingent upon the inclusion of its fiscal effect in an approved budget and financial plan, see §  32-131.17.

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) amendment of this section, see § 6 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) repeal of D.C. Law 20-157, §  7, see §  4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62DCR 14224).

For temporary (90 days) amendment of section, see § 12 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (225 days) amendment of this section, see § 8 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) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-91 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7095 of D.C. Law 17-219 repealed section 18 of D.C. Law 17-152.