District of Columbia Minimum Wage and Overtime Exemptions




Executive exemption

District of Columbia exempts bona fide executive employees from its minimum wage and overtime requirements. DC Code 32-1004(a)(1) To qualify as an executive employee, an employee must:

  • perform primary duties consisting of the management of the enterprise, or of a recognized department or subdivision;
  • regularly direct the work of at least two full-time employees;
  • have authority to hire and fire, or recommend hiring and firing; or whose recommendation on these and other actions affecting employees is given weight;
  • regularly exercise discretionary powers;
  • devote no more than 20 percent of his or her workweek (40 percent if he or she is employed by a retail or service establishment) to nonexempt work, that is, not directly and closely related to his or her executive duties, unless the employee is in sole charge of an independent or physically separated branch establishment or owns a 20 percent interest in the enterprise or a recognized department or subdivision; and
  • be paid on a salary basis at a rate of at least $ 155 a week.

DC Regs. 999

The regulations established under the federal Fair Labor Standards Act related to executive employees also apply. DC Code 32-1004(a)(1); DC Regs. 999





Administrative exemption

District of Columbia exempts bona fide administrative employees from it minimum wage and overtime requirements. DC Code 32-1004(a)(1) To qualify as an administrative employee, an employee must:

  • perform primary duties consisting of either:
    • responsible office or nonmanual work (in other words,”white collar” work) directly related to management policies or general business operations or
    • responsible work that is directly related to academic instructions or training carried on in the administration of a school system or educational establishment;
  • customarily and regularly exercise discretion and independent judgment, as distinguished from using skills and following procedures, and have authority to make important decisions;
  • engage in work where he or she:
    • regularly assists a proprietor or a bona fide executive or administrative employee;
    • performs work under only general supervision along specialized or technical lines requiring special training, experience or knowledge; or
    • executes special assignments under general supervision;
  • devote no more than 20 percent of his or her workweek (40 percent if he or she is employed by a retail or service establishment) to nonexempt work, that is, not directly and closely related to his or her administrative duties; and
  • be paid on a salary or fee basis at a rate of not less than $155 a week.

DC Regs. 999

District of Columbia also exempts high salaried administrative employees who:

  • are paid on a salary or fee basis at a rate of at least $250 a week;
  • perform primary duty consisting of:
    • responsible office or nonmanual work directly related to management policies or general business operations or
    • responsible work in the administration of a school system or educational establishment or institution or department or subdivision thereof that is directly related to the academic instruction or training;
  • exercise of discretion and independent judgment.

DC Regs. 999

The regulations established under the federal Fair Labor Standards Act related to administrative employees also apply. DC Code 32-1004(a)(1); DC Regs. 999



Professional exemption

District of Columbia exempts bona fide professional employees from its minimum wage and overtime requirements. DC Code 32-1004(a)(1); To qualify as a professional employee, an employee must:

  • perform primary duties consisting of either:
    • work requiring knowledge of an advanced type in a field of science or learning, usually obtained by a prolonged course of specialized instruction and study;
    • work that is original and creative in character in a recognized field of artistic endeavor and the result of which depends primarily on his or her invention, imagination, or talent; or
    • work as a teacher certified or recognized as such in the school system or educational institution by which he or she is employed;
  • consistently exercise discretion and judgment;
  • do work that is mainly intellectual and varied, as distinguished from routine or mechanical duties;
  • devote no more than 20 percent of his or her workweek on activities not essentially a part of and necessarily incident to professional duties; and
  • be paid on a salary or fee basis at a rate of not less than $170 a week, unless he or she:
    • holds a valid license and is engaged in the practice of law or medicine;
    • holds the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program; or
    • is an employee employed and engaged as a teacher;

DC Regs. 999

District of Columbia also exempts high salaried professional employees who:

  • are paid on a salary or fee basis at a rate of at least $250 a week;
  • perform primary duties consisting of:
    • work in the learned field or work as a teacher in the activity of imparting knowledge which requires consistent exercise of discretion and judgment; or
    • work that requires invention, imagination or talent.

The regulations established under the federal Fair Labor Standards Act related to professional employees also apply. DC Code 32-1004(a)(1); DC Regs. 999



Outside salesman exemption

District of Columbia exempts outside salesmen from its minimum wage and overtime requirements. DC Code 32-1004(a)(1) To qualify as an outside salesman, an employee must:

  • customarily and regularly work away from his or her employer”™s place of business;
  • perform work in which he or she:
    • sells tangible or intangible items such as goods, insurance, stocks, bonds, or real estate; or
    • obtains orders or contracts for services or use of facilities, such as radio time and advertising;
  • work no more the 20 percent of their time in a workweek performing nonexempt work.

DC Regs. 999

The regulations established under the federal Fair Labor Standards Act related to outside sales employees also apply. DC Code 32-1004(a)(1); DC Regs. 999



Computer employee exemption

District of Columbia does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements, unless they qualify for another exemption.



Other minimum wage and overtime exemptions

District of Columbia also exempts the following individuals from its minimum wage and overtime requirements:

  • individuals 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;
  • lay members elected or appointed to office within the discipline of any religious organization and engaged in religious functions;
  • individuals employed as a casual babysitter, in or about the residence of the employer; or
  • individuals who deliver newspapers to customers”™ homes from its minimum wage and overtime requirements.

DC Code 32-1002(2); DC Code 32-1004(a)(2)


 

Overtime only exemptions

District of Columbia exempts the following employees from its overtime requirements only. Employers would be required to comply with any minimum wage requirements:

  • seamen;
  • railroad workers;
  • salesmen, partsmen, or mechanics primarily engaged in selling or servicing automobiles, trailers, or trucks, if employed by a nonmanufacturing establishment primarily engaged in the business of selling these vehicles to the ultimate purchaser;
  • employees working as attendants at parking lots or parking garages;
  • employees employed by a carrier by air who voluntarily exchanges workdays with another employee for the primary purpose of utilizing air travel benefits available to these employees.

DC Code 32-1004(b)