Code of the District of Columbia

§ 32–1009.02. Tipped Workers Coordinating Council.

(a) There is established the Tipped Workers Coordinating Council ("Coordinating Council").

(b) The Coordinating Council shall be a partnership of tipped workers, employers, and public agencies that promotes a high-quality response to tipped-worker cases of wage theft and unfair labor practices.

(c) Members of the Coordinating Council shall consist of the following persons:

(1) The Director of the Department of Employment Services, or his or her designee;

(2) The Director of the Office of Nightlife and Culture, or his or her designee;

(3) The Director of the Department of Consumer and Regulatory Affairs, or his or her designee;

(4) The Director of the Office of Human Rights, or his or her designee;

(5) A representative from the Restaurant Association of Metropolitan Washington;

(6) A representative from the Hotel Association of Washington, D.C.;

(7) Two representatives, appointed by the Mayor, from District-based organizations that engage in policy or advocacy for tipped workers; and

(8) Three representatives, appointed by the Chairman of the Council as follows:

(A) Two representatives from District-based organizations that engage in policy or advocacy for tipped workers; and

(B) One representative shall be an employer that employs an employee who is paid in accordance with § 32-1003(f), but is not part of the restaurant or hotel industry.

(d) The term of office for each representative provided for in subsection (c)(5), (6), (7), and (8) of this section shall be for 3 years; provided, that the initial term of:

(1) One of the representatives appointed by the Mayor from a District-based organization that engages in policy or advocacy for tipped workers and one of the representatives appointed by the Chairman of the Council from a District-based organization that engages in policy or advocacy for tipped workers shall be for 2 years; and

(2) One of the representatives appointed by the Mayor from a District-based organization that engages in policy or advocacy for tipped workers and one of the representatives appointed by the Chairman of the Council from a District-based organization that engages in policy or advocacy for tipped workers shall be for one year.

(e) A representative who is appointed to fill a vacancy that occurs before the expiration of a representative's full term shall serve only the unexpired portion of the term.

(f)(1) The Coordinating Council shall hold its initial meeting no later than 90 days after the date this section becomes applicable.

(2) At the initial meeting, one non-governmental member of the Coordinating Council shall be elected as chairperson by a majority of the Coordinating Council members.

(g) The Coordinating Council shall establish its own procedures and requirements with respect to the place at which and the manner in which it will conduct its meetings.

(h) The Coordinating Council shall:

(1) Improve coordination and functioning of the wage policies for tipped workers, investigations into wage theft involving tipped workers, and reporting mechanisms for tipped workers;

(2) Conduct regular and anonymous case reviews of all parties involved in claims of wage violations for tipped workers; and

(3) Develop a protocol to ensure that feedback and recommendations from case reviews are incorporated into the Department of Employment Services's policies, procedures, practices, training, and decisions to re-examine investigations, when applicable.


(Mar. 25, 1993, D.C. Law 9-248, § 10b; as added Dec. 13, 2018, D.C. Law 22-196, § 6(e), 65 DCR 12049.)

Applicability

Section 7065 of D.C. Law 23-149 amended section 8 of D.C. Law 22-196 removing the applicability provision impacting this section. Therefore, the creation of this section by section 6(e) of Law 22-196 has been implemented.

Applicability of D.C. Law 22-196: § 8 of D.C. Law 22-196 provided that the creation of this section by § 6(e) of D.C. Law 22-196 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.