Public Law 74–794

The term “employer” means the District, and every individual and type of organization for whom services are performed under a contract of employment.

The term “employment” means any service, of whatever nature, including employment in interstate commerce, performed after December 31, 1935, within the United States, by any individual under any contract of hire, oral or written, express or implied, so long as the greater part, as determined by the Board under regulations prescribed by it, of the service performed under such contract is performed within the District, except—

The term “wages” means all remuneration for employment, including the cash value, as determined by the Board under regulations prescribed by it, of all remuneration paid in any medium other than cash. Whenever gratuities are received by an individual in the course of his employment from persons other than his employer, the Board, under regulations prescribed by it, shall determine the average amount of such gratuities generally received by individuals performing services of that nature, and the amount so” determined shall, for the purpose of the contributions required and the benefits provided under this Act, be included as a part of the wages of such individual.

The phrase “weekly wage” as applied to any individual who has been engaged in employment for at least thirty hours in each of twenty-six or more weeks within the period of one hundred and four weeks ending with the week in which such individual was last engaged in employment, means the sum obtained by dividing the total of the wages earned in all the weeks within such period in which he was engaged in employment at least thirty hours by the number of such weeks; and, as applied to any individual who has not been engaged in employment for at least thirty hours in each of twenty-six or more weeks within such period of one hundred and four weeks, means the sum obtained by dividing the total of the wages earned in such period by the total number of weeks within such period in which he was engaged in employment.

The phrase “totally unemployed” means that the individual

“Totally unemployed.”

concerned has performed in the particular Week no services whatsoever for which remuneration (of any nature whatsoever) is payable, has not engaged in any self-employment, and is found by the Board to have been unable to engage in any self-employment in which he was formerly engaged.

The phrase “partially unemployed” means that the individual

“Partially unemployed.”

concerned has failed to earn in the particular week remuneration (of any nature whatsoever) of at least $2 more than the benefit he would be entitled to receive under this Act with respect to such week if totally unemployed and otherwise eligible.

The phrase “dependent relative” means a mother, father,

“Dependent relative.”

stepmother, stepfather, brother, or sister, who, because of age or physical disability, is unable to work, or a child under sixteen years of age, who is wholly or mainly supported by the individual receiving the benefit.

The term “Board” means the District Unemployment Compensation

“Board.”

Board established by section 15 ¹¹ So In original. of this Act.

The term “District” means the District of Columbia.

“District.”

The term “benefits” means the payments to unemployed individuals

“Benefits.”

provided for in section 8.

The term “week” means the period commencing at 12:01

“Week.”

o’clock ante meridian Sunday and ending at 12 o’clock midnight the following Saturday.

The term “month” means calendar month; except that for

“Month”

the purpose of computing the contributions payable with respect to any calendar month, and for that purpose only, such calendar month shall be deemed, if, and to the extent that individuals are paid on a weekly basis, to be the period covered by all the weeks which commence within such calendar month.

The phrase “Unemployment Trust Fund” means the Unemployment

“Unemployment Trust Fund.”

Ante, p. 640.

Trust Fund established by section 904 of the Social Security Act.

The phrase “employment

“Employment office.”

office” means a free public employment office or branch thereof in the District, operated by the United States Employment Service.

Every employer who employs one or more individuals

Requirement.

in any employment shall for each month, beginning with the month of January 1936, pay contributions equal to the following percentages of the total wages payable (regardless of the time of payment) with respect to such employment by him during such month:

Percentages.

The Board shall for each calendar year, commencing with the calendar year 1941, on the basis of the unemployment hazard attached to employment by the respective employers, (1) segregate the employers into classes, and (2) determine the rate of contribution, which shall not be less than 1½ per centum nor more than 4

Proviso.

Rate of contribution applicable to employer.

per centum, to be paid by the employers of each such class: Provided, That in any such year the rate or contribution applicable to any employer shall be 3 per centum unless there shall have been at least three calendar years throughout which benefits were payable with respect to any individual in his employ who became unemployed and was eligible for compensation, and the estimated total contributions payable by all employers in any such calendar year shall not be less than 3 per centum of the estimated wages with respect to which such

Factors to be considered in making classifications.

contributions are payable. In making such classifications the Board shall take into account all relevant and measurable factors which it deems to have a bearing on the unemployment hazard attached to employment by any employer, and shall apply such form of classification or such rating system as in its judgment is best calculated to rate individually the unemployment hazard most equitably for each employer or group of employers, and to encourage the stabilization

Adoption of standards.

of employment. The standards to be used as a basis of such classification for each calendar year shall be adopted by the Board at least sixty days prior to January 1 of such year, and shall be published in at least two newspapers of general circulation in the District once each week for three successive weeks during the month of November of the year preceding such January 1.

The contributions required by section 3 shall be paid to and collected by the Board, and shall, immediately upon collection, be paid into the District Unemployment Fund.

Not later than the fifteenth day after the close of each month, every employer shall make a return of and shall pay the contributions which shall have accrued with respect to wages payable with respect to employment by him within such month. Each such return shall be made under oath (except where the amount of the contribution

Filing; contents.

payable is less than $10), shall be filed with the Board, and shall contain such information and be made in such manner as the Board

No extensions to be allowed.

may by regulations prescribe. No extension of the time for filing the return or for payment of the contributions shall be allowed to any employer.

If the contributions are not paid when due, there shall be added, as part of the contributions, interest at the rate of 1 percentum month from the date the contributions became due unpaid.

In the event of the dissolution, insolvency, bankruptcy, composition, or assignment for benefit of creditors, of any employer, contributions then or thereafter due from such employer under this section shall have priority over all other claims, except taxes due the United States or the District, and wages (not exceeding $250 with respect to any individual) due for employment performed within the six months preceding such event.

In payment of any contribution, a fractional part of a cent shall be disregarded unless it amounts to one-half cent

Fractional part of cent.

or more, in which case it shall be increased to 1 cent.

The District of Columbia shall pay contributions,

Amounts, calendar years 1936–1938.

in addition to its contributions as an employer, in the following amounts: For the calendar year 1936, $100,000; for the calendar year 1937, $125,000; and for the calendar year 1938, $175,000.

The contributions required by this section for each calendar

Payment.

year shall be paid by the District to the Board, and shall, immediately upon receipt by the Board, be paid into the District Unemployment Fund.

Subject to the provisions of subsections (b) and (c)

Weekly payment of benefit.

of this section, the Board shall pay, from the District Unemployment Fund, to every eligible individual (1) with respect to each week, commencing with the week beginning January 2, 1938, in which such individual was totally unemployed, a week’s benefit, which shall be

Computation of amount.

an amount, computed to the nearest half-dollar, equal to 40 per centum of his weekly wage, plus 10 per centum of such weekly wage if he has a dependent spouse, plus an additional 5 per centum of such weekly wage for each dependent relative: Provided, That in

Proviso.

Limitation on total amount.

no case shall the amount paid to any such individual for any week exceed $15, or 65 per centum of his weekly wage, whichever is the lesser; and (2) with respect to each week commencing with the week beginning January 2, 1938, in which such individual was partially unemployed, an amount which when added to the total amount of remuneration (of any nature whatsoever) payable for services performed by such individual during such week, will total $2 more than the week’s benefit to which he would be entitled if totally unemployed during such week.

With respect to unemployment occurring within any period of

Previous employment.

fifty-two weeks, benefits shall be payable to every eligible unemployed individual (1) in the ratio of one-third of a week’s benefit to each credit week which occurred within the period of one hundred and four weeks ending with the week in which he was last engaged in employment, until a total amount equivalent to sixteen times a week’s benefit has been paid to him; and (2) after such total has been paid, in the ratio of one-twentieth of a week’s benefit to each credit week which occurred within the period of two hundred and sixty weeks ending with the week in which he was last engaged in employment.

All payments of benefits under this section shall be charged, in accordance with the applicable ratio, against the earliest credit week or part thereof available for such purpose.

As used in this section, the term “credit week” means a week in which the individual concerned performed some employment, against which no benefits have been charged, and with respect to

Proviso.

School or college attendance.

which no benefits were paid to the individual: Provided, That any week occurring within the customary school vacation period shall not be counted as a credit week in the case of any individual who attended a school, college, or university in the last preceding school term, and returns to a school, college or university at the end of such vacation period.

An unemployed individual shall be eligible to receive benefits with respect to any week only if it has been found by the Board—

Copies of the regulations prescribed by the Board pursuant to paragraph (4) shall be furnished by the Board to each employer; and each employer shall post one of such copies on each of his

Posting.

premises in a conspicuous and easily accessible place and shall furnish a copy to each individual who leaves his employ.

An individual who has left his work voluntarily

When voluntarily leaving work without good cause.

without good cause, as determined by the Board under regulations prescribed by it, shall not be eligible for benefits with respect to the week in which he so left nor with respect to the three weeks immediately following.

An individual who has been discharged for misconduct occurring

When discharged for misconduct.

in the course of his work, proved to the satisfaction of the Board, shall not be eligible for benefits with respect to the week in which such discharge occurred nor with respect to such additional number of weeks immediately following (not less than one nor more than six) as the Board may determine, under regulations prescribed by it, in proportion to the degree of such misconduct.

If an individual otherwise eligible for benefits fails, without

Refusal to work.

good cause as determined by the Board under regulations prescribed by it, either to apply for new work found by the Board to be suitable when notified by any employment office, or to accept any such work when offered to him, he shall not be eligible for benefits with respect to the week in which such failure occurred nor with respect to the three weeks immediately following. In determining whether or not work is suitable within the meaning of this subsection the Board shall consider (1) the physical fitness and prior training and experience of the individual, (2) the distance of the place of work from the individual’s place of residence, and (3) the risk involved as to health, safety, or morals. Benefits shall not be denied to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (2) if the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (3) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

If an individual under twenty-one years of age otherwise

Individual under twenty-one failing to attend, vocational, etc., school.

eligible for benefits fails, without good cause as determined by the Board under regulations prescribed by it, to attend courses at a vocational or other school when recommended by the manager of the employment office or by the Board and such courses are available at public expense, he shall not be eligible for benefits with respect to any week in which such failure occurred.

As soon as possible after an individual has filed a

Filing of claim.

claim for benefits, an agent of the Board designated by it for such purpose shall determine whether or not such individual is entitled thereto and, if such individual is found to be so entitled, shall determine the week with respect to which payments will commence and the amount of the payments per week. Upon such determination,

Notice required.

the agent shall give notice thereof to such individual and to his most recent employer, and benefits shall be paid or denied accordingly; but either party may file an appeal to the Board from such determination

Appeals.

within ten days after such notification was delivered to him or mailed to him at his last known address, and in the event that any such appeal is filed, no benefits shall be paid to the individual until the appeal shall have been finally decided by the Board.

Upon the filing of any such appeal, the Board shall appoint, in its discretion, either an examiner regularly employed by it on a salary basis or an appeal tribunal, to hold hearings at which both parties shall be given opportunity to present evidence and to be

Procedural rules.

heard. In the conduct or such hearings, the parties shall not be bound by rules of evidence or other technical rules of procedure, but the examiner or appeal tribunal, as the case may be, shall use due diligence to ascertain the true facts of the case.

On the basis of the evidence presented at such hearings, the examiner or appeal tribunal, as the case may be, shall make a finding of the facts of the case and shall render a decision in accordance

Effective date.

therewith. Each such decision shall automatically become the decision of the Board and effective as such as of the tenth day following the date such decision was rendered, unless, before such tenth day, upon petition of either party under regulations prescribed by the Board or upon its own motion, the Board has affirmed, reversed, or modified such decision, or has set it aside and ordered a rehearing or the taking of additional evidence before the same or a different examiner or appeal tribunal or the Board. All decisions rendered by the Board affirming, reversing, or modifying; any decision of an examiner or appeal tribunal, shall become effective immediately.

Each appeal tribunal shall consist of an examiner regularly employed by the Board on a salary basis and a representative of employees and a representative of employers designated by the

Representative of employers.

Board. No such representative shall be regularly employed by the Board or have any financial interest, direct or indirect, in the case.

Requirement of attendance at hearing.

In no case shall the hearings proceed unless the examiner designated as a member of the appeal tribunal is present; and, if either or both of such representatives fail to appear for any such hearing,

Compensation.

the examiner shall proceed to hear the case. Each such representative shall be paid such sum, not in excess of $10, as the Board shall by regulations prescribe, for each day on which he actively engaged, or was present and prepared to engage, in the conduct of any such hearings.

In the discharge of the duties imposed by this section, any member of the Board and any duly authorized examiner shall have power to administer oaths, take depositions, certify to official acts, and issue subpoenas to compel attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with the disputed claim.

A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at every hearing on any such claim shall be taken down by a stenographer, but shall not be transcribed except upon order of the Board or in the event of an appeal pursuant to section 13. Upon any such appeal, a copy of all the testimony and of the finding of facts upon which the Board’s decision was based shall be filed with the court, and the facts so found shall, if supported by the evidence, be binding on the court.

In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Board may invoke the aid of the Supreme Court of the District of Columbia in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda and other records. Such court may issue an order requiring such person to appear before the Board or officer designated by the Board, there to produce records, if so ordered, or to give testimony touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any person who shall, without just cause, fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if in his power so to do, in obedience to the subpoena of the Board, shall be guilty of a misdemeanor, and, upon conviction shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or both.

No person shall be excused from attending and testifying or

Security Testimony.

from producing books, papers, correspondence, memoranda, and other records before the Board or in obedience to the subpoena of the Board or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Board, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subject

Immunity from self-incrimination.

to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Witnesses subpenaed pursuant to this section shall be allowed

Witness fees.

fees at a rate fixed by the Board. Such fees and all other expenses of proceedings involving disputed claims shall be deemed part of the expense of administering this Act.

Within thirty days after the decision of the Board

Time allowed for appeal.

has become final, either party may appeal to the Supreme Court of the District of Columbia from such decision. Upon the filing of any

Service of notice.

such appeal notice thereof shall be served upon the Board by the appellant. Such appeals shall be heard by the Court at the earliest

Hearing of appeal.

possible date and shall be given precedence over all other civil cases. It shall not be necessary on any such appeal to enter exceptions to the rulings of the Board and no bond shall be required for entering such appeal. In no event shall an appeal act as a supersedeas.

An appeal may be taken from a decision of such Court to the United States Court of Appeals for the District.

The Board is hereby authorized and directed to

Authority of Board.

administer the provisions of this Act. The Board is further authorized

Appointment of personnel.

to employ such officers, examiners, accountants, attorneys, experts, agents, " and other persons, and to make such expenditures, as may be necessary to administer this Act, and to authorize any such person to do any act or acts which could lawfully be done by the Board. The Board may, in its discretion, require bond from any of

Bond.

its employees engaged in carrying out the provisions of this Act

The Board is further authorized to prescribe all regulations

Regulations.

which may be necessary to carry out the provisions of this Act. Such

Effective date.

regulations shall become effective five days after they have been published in a newspaper of general circulation in the District.

The Board shall each year, not later than February 1, submit

Annual report.

to Congress a report covering the administration and operation of this Act during the preceding calendar year, and containing such recommendations as the Board wishes to make.

The Board shall, whenever it believes that a change in the contribution or benefit rates is necessary to protect the solvency of the fund, at once recommend such change to Congress if in session.

The Board is hereby authorized and directed, in the administration of this Act, to cooperate to the fullest practicable extent with the Social Security Board created by the Social Security Act; to make such reports in such form and containing such information as the Social Security Board may from time to time require, and to comply with such provisions as the Social Security Board may from time to time find necessary to assure the correctness and verification of such reports; and to comply with the regulations prescribed by the Social Security Board governing the expenditure of such sums as may be allotted and paid to the District under Title III of the Social Security Act for the purpose of assisting in administering this Act.

There is hereby established the District Unemployment Compensation Board, to be composed of the Commissioners of the District as members ex-officio, and one representative of employees and one representative of employers to be appointed by the Commissioners. Each such representative shall be a resident of

Residence; terms of office.

the District and shall hold office for a term of three years from the

Vacancy.

date of his appointment; except that (1) any representative appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed only for the remainder of such term, and (2) the term of office of

Chairman.

the first representative of employees shall be two years. The chairman of the Commissioners of the District shall be chairman of the Board.

The Board shall administer this Act through an executive officer to be appointed and employed by the Board. Such executive officer shall act as secretary’ of the Board and is hereby authorized to act in the name of the Board in all matters specifically delegated to him by the Board.

The Commissioners of the District shall serve on the Board without additional compensation, but the representatives of employees and employers, respectively, shall be paid $10 for each day of active service.

Every employer shall keep true and accurate employment

Employment records.

records of all individuals employed by him in employment, including the hours of employment and the wages payable therefor. Such records shall be open to inspection by the Board every day

Inspection.

except Saturdays, Sundays, and legal holidays, between the hours of 9 o’clock ante meridian and 4 o’clock post meridian.

The Board may require from any such employer such reports

Employer reports.

in connection with his business, covering employment, employees, wages, hours, unemployment, and related matters, as the Board deems necessary to the effective administration of this Act. Information

Confidential nature of.

thus obtained shall not be published or be open to the public in any manner which will reveal the employer’s identity; and any person

Punishment for violations.

who violates any provision of this section shall be fined not less than $20 nor more than $200 or imprisoned not longer than ninety days, or both.

Upon request therefor, the Board shall furnish to any agency

Information respecting beneficiary.

of the United States or of the District charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and a statement of such recipient’s rights to further benefits under this Act.

No agreement by any individual to waive any of his

Invalidity of agreements to waive rights.

rights under this Act, or to pay any part of the contribution payable by his employer with respect to his or any other individual’s employment shall be valid; nor shall any employer make, require, or

Deductions from employees’ wages.

permit any deduction from the wages payable to his employees for the purpose of paying any part of the contributions required of the employer under this Act, or require or attempt to induce any individual to waive any right he may acquire under this Act. Any

Punishment for violations.

employer who violates any provision of this subsection shall, for each such offense, be fined not less than $100 nor more than $1,000 or be imprisoned not more than six months, or both.

No assignment of any right to benefits which are or may

Assignments.

become due or payable under this Act shall be valid or enforceable; and the right to any such benefits shall be exempt from levy, execution,

Exemption of benefits from attachment, etc.

attachment, and any other remedy whatsoever provided for the collection of debt; and the benefits received by any individual shall be exempt from the payment of all debts except debts accrued for necessaries furnished to such individual or his spouse at a time when such individual was unemployed. Exemptions provided for in this subsection may not be waived.

No individual seeking to establish a claim for benefits shall

Fees for seeking to establish claim.

be charged any fee whatsoever by the Board; and no person who represents any such individual in any proceeding shall charge or receive for his services a sum in excess of 10 per centum of the aggregate amount of benefits received by such individual pursuant to the decision in such proceedings. Any person who violates any provision of this subsection shall, for each such offense, be fined not more than $500 or imprisoned not more than one year, or both.

Whoever makes a false statement or representation, knowing it to be false, to obtain or increase any payment provided for in this Act, for himself or any other individual, shall, for each such offense, be fined not less than $20 nor more than $100 or imprisoned not more than sixty days, or both.

Any employer, and any officer or agent of an employer, who furnishes a false record or makes a false statement or representation, knowing it to be false, to avoid the payment of any or all of the contributions required of such employer under this Act, or to prevent or reduce the payment of benefits to any individual entitled thereto, and any employer who willfully refuses to pay the contributions or to furnish any report required of him under this Act, shall, for each such offense, be fined not less than $100 nor more than $1,000 or imprisoned not more than six months, or both.

On the request of the Board the United States district attorney for the District shall represent the Board in any action in court arising under this Act or in connection with the administration and enforcement of its provisions, including actions for the collection of contributions due hereunder; but in any civil action the Board may be represented by its own counsel.

Violations of any provision of this Act shall be prosecuted by the United States district attorney for the District.