BOARD OF ELECTIONS NOTICE OF PUBLICATION The Board of Elections, at its Public Hearing on Monday, September 20, 2021, formulated the short title, summary statement, and legislative text of the “District of Columbia Tip Credit Elimination Act of 2021.” If any registered qualified elector of the District of Columbia objects to the summary statement, short title, and/or legislative form of the initiative measure as formulated by the Board, that person may seek review in the Superior Court of the District of Columbia within 10 calendar days from the date such formulations are published in the District of Columbia Register, stating objections and requesting appropriate changes. Registered qualified electors may also file objections regarding the initiative with the court on other grounds during this period, including the Board’s determination that the proposed measure presents a proper subject for initiative. Pursuant to D.C. Code § 1-1001.16(d)(2)(B)(i) (2001 ed.), the Board hereby publishes the aforementioned formulations as follows, as well as the fiscal impact statement issued concerning the Initiative: INITIATIVE MEASURE NO. 82 SHORT TITLE District of Columbia Tip Credit Elimination Act of 2021 SUMMARY STATEMENT Under current law, employers of employees classified as “tipped workers” may take a credit against tipped wages received by workers to satisfy the minimum wage guaranteed to all workers by law. The Initiative would gradually eliminate the credit, such that the mandatory base wage (currently $5.05 per hour, indexed to inflation) paid by employers shall increase until 2027, when the mandatory base wage matches the minimum wage established by District of Columbia law (currently $15.20 per hour, indexed to inflation). Tips continue as property of employees and will be in addition to the statutory minimum hourly wage. LEGISLATIVE TEXT BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “District of Columbia Tip Credit Elimination Act of 2021.” Sec. 2. Section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9–248; D.C. Official Code § 32–1003), is amended as follows: (a) Subsection (f) is amended to read as follows: “(f)(1) For purposes of this subsection, the term “tipped minimum wage” shall mean the minimum hourly wage required to be paid by an employer to an employee who receives tips. “(2) As of July 1, 2021, the “tipped minimum wage” shall be $5.05 an hour with tips on top; provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section. This tipped minimum wage will increase on July 1, 2022 in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year. Any increase under this paragraph shall be adjusted to the nearest multiple of $.05. “(3) Except as provided in subsections (h) and (i) of this section, as of January 1, 2023, the tipped minimum wage shall be not less than $6.00 an hour with tips on top; provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section. “(4) Except as provided in subsections (h) and (i) of this section, as of July 1, 2023, the tipped minimum wage shall be not less than $8.00 an hour, with tips on top; provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section. “(5) Except as provided in subsections (h) and (i) of this section, as of July 1, 2024, the tipped minimum wage shall be not less than $10.00 an hour, with tips on top; provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section. “(6) Except as provided in subsections (h) and (i) of this section, as of July 1, 2025, the tipped minimum wage shall be not less than $12.00 an hour, with tips on top; provided, that the employee actually receives tips in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set b
DCR Formulations and FIS for DC Tip Elimination Act of 2021
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