TITLE 29 - LABOR

SUBTITLE B - REGULATIONS RELATING TO LABOR

CHAPTER V - WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

SUBCHAPTER A - REGULATIONS

PART 531 - WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938

subpart c - INTERPRETATIONS

531.33 - “Reasonable cost”; “fair value.”

  (a) Section 3(m) directs the Administrator to determine the reasonable cost *** to the employer of furnishing *** facilities to the employee, and in addition it authorizes him to determine the fair value of such facilities for defined classes of employees and in defined areas, which may be used in lieu of the actual measure of the cost of such facilities in ascertaining the wages paid to any employee. Subpart B contains three methods whereby an employer may ascertain whether any furnished facilities are a part of wages within the meaning of section 3(m): (1) An employer may calculate the reasonable cost of facilities in accordance with the requirements set forth in 531.3; (2) an employer may request that a determination of reasonable cost be made, including a determination having particular application; and (3) an employer may request that a determination of fair value of the furnished facilities be made to be used in lieu of the actual measure of the cost of the furnished facilities in assessing the wages paid to an employee.

  (b) Reasonable cost, as determined in 531.3 does not include a profit to the employer or to any affiliated person. Although the question of affiliation is one of fact, where any of the following persons operate company stores or commissaries or furnish lodging or other facilities they will normally be deemed affiliated persons within the meaning of the regulations: (1) A spouse, child, parent, or other close relative of the employer; (2) a partner, officer, or employee in the employer company or firm; (3) a parent, subsidiary, or otherwise closely connected corporation; and (4) an agent of the employer.