29 CFR 531.35 - ''Free and clear'' payment; ''kickbacks.''
| Cite as | 29 CFR 531.35 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
256 practice notes
-
Part V
...considered ``kick- backs'' of wages to the employer and are treated as deductions from the employees' wages during the first workweek. 29 CFR 531.35. Such deductions must be reimbursed by the employer during the first workweek to the extent that they effectively result in workers' weekly wa......
-
Part II
...have been received unless they are paid finally and unconditionally or free and clear, without any kickback, directly or indirectly. See 29 CFR 531.35. Thus, for example, if an employee must purchase a uniform with the employer's logo, there would be a violation of the FLSA in any workweek ......
-
Temporary Non-Agricultural Employment of H-2B Aliens in the United States
...Federal minimum wage, the State minimum wage, and any local minimum wage. It also requires that such wages be paid free and clear. See 29 CFR 531.35. If, during the course of the period certified in the Application for Temporary Employment Certification, the Federal, State or local minimum ......
-
Part II
...considered ``kick- backs'' of wages to the employer and are treated as deductions from the employees' wages during the first workweek. 29 CFR 531.35. Such deductions must be reimbursed by the employer during the first workweek to the extent that they effectively result in workers' weekly wa......
Request a trial to view additional results
257 cases
-
Lasater v. DirecTV, LLC, Case No. 2:16-cv-01373-SVW-AS
..., it stated that this calculation was correct and Plaintiffs did not oppose this calculation. "Free and clear" payment as explained in 29 C.F.R. 531.35 supports this formula:Whether in cash or in facilities, "wages" cannot be considered to have been paid by the employer and received by the ......
-
Sullivan v. PJ United, Inc., 7:13-cv-01275-LSC
...where the employee ‘kicks-back’ directly or indirectly to the employer ... the whole or part of the wage delivered to the employee." 29 C.F.R. § 531.35. A kickback occurs when the cost to the employee of tools specifically required for the performance of the employee's work "cuts into the m......
-
Alston v. Directv, Inc., Civil Action No. 3:14-cv-04093-JMC.
...employee's compensation below the minimum wage." Moodie v. Kiawah Island Inn Co., LLC , 124 F.Supp.3d 711, 717 (D.S.C. 2015) (quoting 29 C.F.R. § 531.35 ). Likewise, "where an employer requires an employee to provide his own tools of the trade ... ‘there would be a violation of the Act in a......
-
Castillo v. Case Farms of Ohio, Inc., Civ. A. DR 97-CA-89.
...each plaintiff received a proper pay statement [29 U.S.C. § 1821(d)(2)], and 10) "wages owed when due" violations [29 U.S.C. § 1822(a), 29 C.F.R. § 531.35]. In the event of violation of these provisions, the AWPA provides for statutory or actual damages, or equitable relief, at the discreti......
Request a trial to view additional results
16 firm's commentaries
-
Labor and Employment Issues Facing the Healthcare Industry
...may cause employee pay to drop below minimum wage when mileage costs are considered, which the DOL has found violates the FLSA. See 29 C.F.R. § 531.35; U.S. Dep’t of Labor, Opinion Letter No. FLSA2001-7 (Feb. 16, 2001); U.S. Dep’t of Labor, Field Operations Handbook (FOH), § 30c15 (June 30,......
-
The “Bring Your Own Device” To Work Movement: Engineering Practical Employment and Labor Law Compliance Solutions - May 2012
...jeopardized if employees are performing work and receiving wage payments during a leave of absence that is supposed to be unpaid. 143 29 C.F.R. §§ 531.35; 531.36; 531.37. 144 California Labor Code section 2802 places a broad requirement on employers to reimburse all business expenses. Laws ......
-
Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy
...were not “otherwise lawful,” because Defendants failed under this policy to deliver the minimum wages “free and clear” as required by 29 C.F.R. § 531.35. The Court disagreed, noting that the deductions only made from future commissions do not constitute an unlawful kick back because the ded......
-
Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy
...were not "otherwise lawful," because Defendants failed under this policy to deliver the minimum wages "free and clear" as required by 29 C.F.R. § 531.35. The Court disagreed, noting that the deductions only made from future commissions do not constitute an unlawful kick back because the ded......
Request a trial to view additional results