{"data":{"id":"us-dc/d.c.-code-32-1002","jurisdiction":"us-dc","citation":"D.C. Code § 32-1002","heading":"Definitions.","body":"For the purposes of this subchapter:\n\n(1)\nThe term \"Director\" means the Director of the Department of Employment Services.\n\n(1A)\nThe term “employ” includes to suffer or permit to work.\n\n(2)\nThe term “employee” includes any individual employed by an employer, except that this term shall not include:\n(A)\nAny 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;\n(B)\nAny lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions; or\n(C)\nAny individual employed as a casual babysitter, in or about the residence of the employer.\n\n(3)\nThe term “employer” includes the District of Columbia government, any individual, partnership, general contractor, subcontractor, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States government.\n\n(4)\nThe term \"gratuities\" or \"tips\" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered.\n\n(4A)\nThe term \"manager\" means the person who oversees the employees in a food or beverage establishment, such as the servers, bussers, bartenders, back waiters, hosts, and hostesses, and the general operation of the establishment.\n\n(5)\nThe term “Mayor” means the Mayor of the District of Columbia or the Mayor’s designated agent or representative, including the Department of Employment Services.\n\n(6)\nThe term “occupation” means any occupation, service, trade, business, industry, or branch or group of occupations or industries, or employment or class of employment, in which employees are gainfully employed.\n\n(6A)\nThe term “office building” means any commercial property where the primary functions are the transaction of administrative, business, civic, or professional services, including properties where handling goods, wares, or merchandise, in limited quantities, is accessory to the primary occupancy or use. The term “office building” does not include libraries, museums, or universities.\n\n(7)\nThe term “regular rate” means all remuneration for employment paid to, or on behalf of, the employee, but shall not be considered to include the items set forth in the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207(e)(1), (2), (3), (4), (5), (6), and (7). Extra compensation paid as described in § 207(e)(5), (6), and (7) shall be creditable toward overtime compensation.\n\n(7A)\nThe term “security officer” shall have the same meaning as provided in section 2100 of Title 17 of the District of Columbia Municipal Regulations.\n\n(7B)\nThe term \"server\" means an employee in a food or beverage establishment who takes orders, serves food or drinks, or both.\n\n(7C)\nThe term \"tip-declaration form\" means a printed form provided by an employer to an employee that shows the total tips received, including the amount of the tip outs or share of a tip pool that an individual employee provided to another employee or the amount of the tip outs or share of a tip pool that the employee received from another employee, and the calculation by which the amount was determined, such as total tips received and hours worked.\n\n(7D)\nThe term \"tip out\" means the amount or percentage of servers', bartenders', or other directly tipped employees' tips that an employee shares, due to a tip-sharing policy or tip-pooling agreement, with other employees such as bussers, bartenders, back waiters, hosts, and hostesses.\n\n(7E)\nThe term \"tip pool\" means the combining of tips from multiple employees into a single amount for the purpose of sharing tips among employees.\n\n(7F)\nThe term \"tip-pool structure\" means the calculation of the portion of a tip pool an employee will provide to or receive from the pool, as a percentage of total gratuities, sales, or other factor.\n\n(7G)\nThe term \"tip-sharing policy\" means the written calculation of any tip outs or tip-pool structures that employees, delineated by job position or other factor, will provide to or receive from other employees.\n\n(8)\nThe term “wage” means compensation due to an employee by reason of the employee’s employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, including allowances as may be permitted by any regulation issued under §§ 32-1003 and 32-1006.\n\n(9)\nThe term “Washington metropolitan region” means the area consisting of the District of Columbia, Montgomery, and Prince George’s Counties in Maryland, Arlington and Fairfax Counties and the Cities of Alexandria, Fairfax and Falls Church in Virginia.\n\n(10)\nThe term “working time” means all the time the employee:\n(A)\nIs required to be on the employer’s premises, on duty, or at a prescribed place;\n(B)\nIs permitted to work;\n(C)\nIs required to travel in connection with the business of the employer; or\n(D)\nWaits on the employer’s premises for work.","path":["Title 32. Labor.","Chapter 10. Minimum Wages.","Subchapter I. General."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/32-1002","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"fd7890f1e7f3cb09d2d8ba56584a3fabd4729214dbfafdf0d78263d16268b532","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-32-1001","next":"us-dc/d.c.-code-32-1003"},"notice":"GroundRules: Original legal text. Not legal advice."}