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Wages may take the form of cash or facilities (such as meals, lodging
and transportation). Section 3(m) of the FLSA permits an employer, under
conditions specified in Regulations 29 CFR Part
531, to count toward its special minimum wage obligations, the
“reasonable cost” of furnishing board, lodging or other facilities
that are customarily furnished to employees. When wages take the form of board,
lodging or other facilities, employers are subject to the additional record
keeping requirements detailed in Regulations
29 CFR Part
516.27.
In order for the employer to take credit toward the SMW, the facilities
being furnished must be primarily for the benefit of the employee and their
costs would not otherwise be incurred by the employer. In addition, any
contribution towards the costs of providing the facilities, either by the
workers with disabilities or any third party, must be deducted when determining
the employer’s reasonable cost of furnishing the facilities.
The following are examples of costs a facility might incur that could be
directly related to providing room and board and could be credited
toward wage obligations to the extent the costs are incurred to the benefit of
the workers with disabilities and would not otherwise be incurred by the
employer:
- Cost to the facility of renting dormitories, kitchens, and
recreational areas;
- Cost of depreciation (including the depreciation of furniture and
other equipment used by the worker with a disability) if the buildings
comprising the facility are owned by the facility;
- Laundry costs;
- Food costs;
- Cost of fire and similar insurance;
- Utility costs;
- Salaries paid to employees whose jobs are an integral part of
providing the room and board (such as cooks, janitors, kitchen helpers, and
maintenance personnel); and
- Cost to the employer of providing home to work transportation to the
client.
The following examples are not wage payments and may not be
credited toward wage obligations:
- The value of employees’ food stamps that are used to purchase
food for the facility when the employer calculates the reasonable cost of
board;
- Donated clothing worn by workers with disabilities unless the
employer incurs a cost in making the clothes wearable;
- Stipends or living allowances paid to a worker with a disability by a
third party rehabilitation organization or a government agency;
- Reimbursement for transportation to and from home (dormitory or group
home) and the job site (work center) provided by some other organization or
governmental agency (Federal, State, or local); and
- Employer provided transportation between job sites (not normal
home-to-work travel).
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FLSA Section 14(c) Advisor |
Wage and Hour Division
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