PR 25-0935 — Labor and Safety Omnibus Emergency Declaration Resolution of 2024

_______________________ENROLLED CouncilmemberORIGINAL Anita Bonds 4 A PROPOSED RESOLUTION _________________25-604 8 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________________July 9, 2024 To declare the existence of an emergency with respect to the need to amend the Minimum Wage Act Revision Act of 1992 to reflect the date on which the first increase to the tipped minimum wage took effect after the effective date of Initiative Measure No.

82 -– the District of Columbia Tip Credit Elimination Act of 20222022; - to reflect the date on which the first increase to the tipped minimum wage took effect;

to declareamend anthe emergency with respect to Secure DC toOmnibus ensureAmendment thatAct theof existing2024 lawto remainsreflect inthat placecertain betweenprovisions theare expirationfunded of the temporary legislation in AugustFiscal andYear the2024; effective date of the BSA;

and to provideand managementto rightsamend clarificationthe forDistrict mattersof subjectColumbia Government Comprehensive Merit Personnel Act of 1978 to place the burden of demonstrating that a matter is expressly outside the scope of collective bargaining.bargaining on management and to authorize employees of the Fire and Emergency Medical Services Department to bargain over tours of duty.

RESOLVEDRESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Labor and Safety Omnibus Emergency Declaration Resolution of 2024”.

82 – the District of Columbia Tip Credit Elimination Act of 2022, (the(“Act”) “Act”) prescribes dates for progressively increasing the tipped minimum wage until it is equal to the District minimum wage.

(b) To avoid confusion about when employers were required to provide increases to the tipped minimum wage, the Council enacted emergency and temporary legislation in January 2023 to change the date of the first increase to the tipped minimum wage from January 1, 2023, to May 1, 2023.

The temporary legislation, the Tipped Minimum Wage Increase Implementation Clarification Second Temporary Amendment Act of 2023, effective AprilFebruary 19,6, 20232024 (D.C.

Law 25-2;25-120;

7071 DCR 6320),1668), expires on September 18, 2024.

Without a new round of emergency and temporary measures, employees will struggle to determine the effective date ENROLLED ORIGINAL of the first wage increase in 2023, leading to confusion within the tipped workforce.

TheseThe measuresemergency measure also includeincludes an additional section that addresses a short gap in the law by amending the subject-to-appropriation provision of the Secure DC,DC specificallyOmnibus regardingAmendment theAct District’sof pre-trial2024, procedure.effective June 8, 2024 (D.C.

Law 25-175;

71 DCR 2732) (“Secure DC”), specifically regarding the District’s pre-trial procedure.

The permanent version of the Secure DC Omnibusincludes Amendmentthese Actsame ofchanges, 2024,subject effectiveto Juneappropriations, 8,and 2024which (D.C.have been funded in the supplemental budget, but the subject-to-appropriations language will not be changed until the Fiscal Year 2025 Budget Support Act becomes effective.

Section 3 of the emergency act will ensure that the existing law remains in place between the expiration of the temporary legislation in August and the effective date of the Fiscal Year 2025 Budget Support Act 25-411;in October.

71It DCRwill 2732),also includesmake theseeffective samethe changes,additional subjectchanges to appropriations,pre-trial anddetention whichincluded havein beenSecure DC, which were funded in the supplemental budget,budget butand thewould subject-otherwise to-appropriations language will not betake changedeffect until the BSA becomes effective on October 1, 2024.

This section will ensure that the existing law remains in place between the expiration of the temporary legislation in August and the effective date of the BSA in October.

It will also make effective the additional changes to pre-trial detention included in the permanent version of the Secure DC Omnibus Amendment Act of 2024, effective June 8, 2024 (D.C.

Act 25-411;

71 DCR 2732), which were funded in the supplemental budget and would otherwise not take effect until October 1, 2024.

Finally, thesethe measuresemergency amendmeasure amends the ManagementDistrict Rightsof ClarificationColumbia Act,Government whichComprehensive amendsMerit D.C.Personnel Act of 1978, effective March 3, 1979 (D.C.

CodeLaw §2-139; 1-617.08, such that when the Public Employee Relations Board is called upon to determine the scope of bargaining pursuant to § 1-617.02(b)(5), management shall have the burden of proving by clear and convincing evidence that the matter is expressly proscribed and that notwithstanding subsection (a)(5)(A) of this Section, the tour of duty for employees of the Fire and Emergency Medical Services Department shall be negotiable through collective bargaining.

ThisD.C. change is necessary to pass on an emergency basis because multiple collective bargaining units are in the process of renegotiating compensation agreements, and the delays the result from claims made to the Public Employee Relations Board significantly hamper the negotiation process.

Official Code § 1-617.08), to provide that when the Public Employee Relations Board is called upon to determine the scope of bargaining pursuant to D.C.

Official Code § 1-617.02(b)(5), management shall have the burden of proving that the matter is expressly proscribed.

Further it would provide that the tour of duty for employees of the Fire and Emergency Medical Services Department shall be negotiable through collective bargaining.

These changes are necessary to pass on an emergency basis because multiple collective bargaining units are in the process of renegotiating compensation agreements, and the delays that result from claims made to the Public Employee Relations Board significantly hamper the negotiation process.

The Council of the District of Columbia determines that the circumstances enumerated in sectionthe 2sections above constitute emergency circumstances,circumstances making it necessary that the Labor and Safety Omnibus Emergency Amendment Act of 2024 be adopted after a single reading.