Revisions to D.C. Minimum Wage Law Apply to Those Working 2 Hours a Week in D.C.

A revision to the District of Columbia’s minimum wage law expands the application of the law to include those working two or more hours a week in D.C. starting in March 2024.

The D.C. minimum wage law requires employers to pay employees “employed” in D.C. at least $17.00 per hour, with a tipped wage rate of $8.00 (The tipped wage rate for tipped employees, together with any tip credit, must meet the minimum wage, with employers making up any shortfall.) These are scheduled to increase to $17.50 and $10.00 respectively on July 1, 2024. An employee is considered to be “employed” in D.C. if they regularly spend more than 50% of their working time in D.C. or the employee’s employment is based in the District of Columbia and they regularly spend a substantial amount of their working time in the District of Columbia and not more than 50% of their working time in any particular state. The revision adds the requirement to pay the D.C. minimum wage to those working two or more hours in a workweek in D.C. – but only as to those hours worked in D.C.

The Mayor signed the law on January 10, 2024, and it will take effect following a period of Congressional review and publication in the D.C. Register, anticipated to be March 7, 2024. This law vastly expands the number of employees who are entitled to D.C.’s elevated minimum wage (the federal rate is currently $7.25), and complicates employers’ time tracking and payment obligations for those who work this minimal amount of time in the District.