Chapter 1D. Workplace Rights Grant Program.

§ 32–171.01. Definitions.

For the purposes of this chapter, the term:

(1) "Activities" means conducting outreach to, providing worker education to, or providing legal services for eligible individuals related to employment laws.

(2) "Community-based organization" means a nonprofit organization, including a legal services provider, headquartered in the District of Columbia whose purpose OAG determines is aligned with one or more purposes of the Program.

(3) "Eligible individual" means an individual who works in the District.

(4) "Employment laws" means workplace leave laws and:

(A) Subchapter I of Chapter 10 of this title;

(B) Chapter 13 of this title;

(D) Federal laws that relate to or provide similar rights as the laws identified in subparagraphs (A) through (C) of this paragraph, including the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), and the Family and Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 6; 29 U.S.C. § 2611 et seq.).

(5) "Grantee" means a community-based organization in receipt of a Program grant issued pursuant to § 32-171.02.

(6) "Legal services" means the provision of legal advice, assistance, or representation regarding an individual's rights or responsibilities related to a particular matter or more general matters.

(7) "Legal services provider" means a nonprofit organization or clinical program headquartered in the District that provides legal services.

(8) "Low- or moderate-income eligible individual" means an individual who works in the District and who earns an hourly wage or salary equivalent to less than 3 times the District minimum wage or who has a household income that falls at or below 400% of the federal poverty guidelines issued by the United States Department of Health and Human Services.

(9) "OAG" means the Office of the Attorney General for the District of Columbia.

(10) "Program" means the Workplace Rights Grant Program established pursuant to § 32-171.02.

(11) "Workplace leave laws" means laws that provide for eligible individuals to take leave from their employment and protect the right to do so, and include the:

(A) Subchapter III of Chapter 5 of this title;

(B) Subchapter IV of Chapter 5 of this title;

(D) Chapter 12A of this title.

§ 32–171.02. Establishment of Program and issuance of grants.

(a) There is established the Workplace Rights Grant Program for the purpose of authorizing OAG to provide grants to community-based organizations to conduct activities with eligible individuals related to employment laws and to inform the OAG's work related to employment laws.

(b) OAG shall administer the Program by:

(1) Issuing Program grants to community-based organizations to provide:

(A) Outreach and worker education;

(B) Outreach and legal services; or

(2) Awarding Program grants at least annually, which may include the continuation or renewal of multi-year grants, to at least 2 qualified community-based organizations;

(3) Adopting policies, procedures, guidelines, and requirements for the grants, including performance measures and target outcomes; and

(4) Issuing all grants pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1.

(1) Require that at least 95% of the individuals served by a Program grant in a grant year be low- or moderate-income eligible individuals or reasonably believed to be low- or moderate-income eligible individuals; and

(2) Pay grants on a performance basis or a reimbursable basis.

(d) Program grants shall:

(1) Have a duration of at least one year and up to 3 years, subject to the availability of appropriations and contingent on satisfactory performance by a grantee during the grant's first year or, if applicable, the grant's second year; and

(2) Be for not less than $100,000 per year per grant.

§ 32–171.03. Grantee eligibility requirements.

(a)(1) To be eligible for a grant authorized under this chapter, a community-based organization shall:

(A) Demonstrate in its application that it is well qualified to engage in the types of activities which will be funded, in whole or in part, by the grant;

(B) Specify in its grant application the planned staff, schedule, format, and intended audience of the activities it plans to provide and provide a summary of the content of any worker education that will be carried out during the grant period;

(D) Include other information as required by OAG.

(2)(A) In addition to the criteria specified in paragraph (1) of this subsection, to be eligible for Program grant funds, a community-based organization that is not a legal services provider shall demonstrate that it possesses at least 3 years' experience:

(i) Conducting outreach to and establishing working relationships with significant numbers of eligible individuals; and

(ii) Working on or assisting workers to secure rights under employment laws.

(B) A community-based organization that does not satisfy the criteria in subparagraph (A)(i) of this paragraph may receive a Program grant if it applies in partnership with a community-based organization that meets the requirements of subparagraph (A)(i) and (ii) of this paragraph.

§ 32–171.04. Grant uses.

(a) Grantees may conduct activities:

(1) Regarding a subset of employment laws; and

(2) With workers in a single occupational group; provided, that the grant application demonstrates that such occupational group experiences significant, disproportionately high, or persistent violations of employment laws or that the occupational group requires targeted assistance in order to access programs under employment laws.

(b) Grantees that provide worker education shall provide, to an eligible individual or group of eligible individuals, information on the rights and responsibilities of accessing benefits under employment laws, recognizing violations of and learning how to prevent or rectify violations of employment laws, or learning how to assist others to take steps to prevent or rectify violations of employment laws.

§ 32–171.05. Transparency and reporting.

(a) OAG annually shall collect the following information from grantees:

(1) The number of eligible individuals served by gender, race, ethnicity, primary language, and age;

(2) The number of eligible individuals served by state of residence, and for District residents, by election ward;

(3) The occupational groups of eligible individuals served and the number of individuals served in each occupational group;

(4) A list of the activities provided, with a descriptive summary of each activity;

(5) The number of eligible individuals served in relation to each employment law or set of employment laws;

(6) Performance outcomes; and

(7) An evaluation of implementation challenges and recommendations for future improvements.

(b) OAG annually shall provide to the Council a report that includes:

(1) A list of grantees and the amount of grant funding provided to each;

(2) For each grantee, the information provided to OAG pursuant to subsection (a) of this section; and

(3) An overall evaluation of the Program, including implementation challenges and recommendations for future improvements.

(c) OAG may not require grantees to release to OAG any personally identifying information in connection with the preparation or provision of the reports described in this section.