29 CFR 531.3 - General determinations of ''reasonable cost.''
| Cite as | 29 CFR 531.3 |
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124 practice notes
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Part V
...will not be recognized as reasonable [costs within the meaning of the statute] and may not therefore be included in computing wages.'' 29 CFR 531.3(d)(1). The FLSA regulations further provide examples of various items that Department has deemed generally to be qualifying facilities within t......
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Part II
...implementing the FLSA provide that the reasonable cost of an item may not include a profit to the employer or any affiliated person, 29 CFR 531.3(b), and that the cost of furnishing any facility found to be primarily for the benefit or convenience of the employer is not reasonable and canno......
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Temporary Non-Agricultural Employment of H-2B Aliens in the United States
...benefit or convenience of the employer will not be recognized as reasonable and may not therefore be included in computing wages. See 29 CFR 531.3(d)(1). The Department maintains that housing provided by employers with a need for a mobile workforce, such as those in the carnival or forestry......
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Temporary Non-Agricultural Employment of H-2B Aliens in the United States
...for the benefit or convenience of the employer will not be recognized as reasonable and therefore may not be charged to the worker. See 29 CFR 531.3(d)(1). Thus, housing that is provided by employers with a need for a mobile workforce, such as those in the carnival or forestry industries wh......
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112 cases
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Sullivan v. PJ United, Inc., 7:13-cv-01275-LSC
...the benefit or convenience of the employer will not be recognized as reasonable and may not therefore be included in computing wages. 29 C.F.R. § 531.3(d)(1) (emphasis added). Section 531.32 likewise uses the "primary benefits" language in relation to the definition of "facilities":It shoul......
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Ramos-Barrientos v. Bland, 10–13412.
...for the workers, which is required by federal law, 20 C.F.R. § 655.122(d)(1), because this cost primarily benefits the employer. See 29 C.F.R. § 531.3(d)(1). We defer to the Secretary's interpretation, Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997), that Bland cannot cr......
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Roces v. Reno Hous. Auth., 3:15-cv-00408-RCJ-WGC
...local law, 29 C.F.R. § 531.31 ; (4) the lodging must be provided primarily for the benefit of the employee rather than the employer, 29 C.F.R. § 531.3(d)(1) ; and (5) the employer must maintain and preserve records substantiating the cost of furnishing the lodging, 29 C.F.R. § 516.27(a).Her......
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Soler v. G & U, INC., 78 Civ. 6252 (CHT)
...the benefit or convenience of the employer will not be recognized as reasonable and may not therefore be included in computing wages." 29 C.F.R. § 531.3(d)(1). The crucial question in this case is whether, under the FLSA and its Regulations, the defendants may include the cost of housing as......
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5 firm's commentaries
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West Virginia DOL Withdraws Proposed Emergency Wage And Hour Regulations
...14 W. Va. Code § 21-5-9. 15 29 U.S.C. § 203(m); 29 C.F.R. § 531.54. 16 W. Va. Code § 21-5C-4. 17 See 29 U.S.C. § 203(m); see also 29 C.F.R. §§ 531.3, 18 29 C.F.R. §553.101. 19 Id. 20 Id. The content of this article is intended to provide a general guide to the subject matter. Specialist adv......
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West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations
...14 W. Va. Code § 21-5-9. 15 29 U.S.C. § 203(m); 29 C.F.R. § 531.54. 16 W. Va. Code § 21-5C-4. 17 See 29 U.S.C. § 203(m); see also 29 C.F.R. §§ 531.3, 18 29 C.F.R. §553.101. 19 Id. 20 Id. 19 Id. 20 Id. -->Sophia BehniaR. Alex Boals...
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Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees
...furnished by [the] employer to his employees” but “reasonable cost” in this respect means “actual cost” absent any employer profit. 29 C.F.R. §§ 531.3(a)-(b). The Court of Appeals held that Russo’s failed to produce any evidence of the cost of providing unlimited drinks to an employee. Rega......
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U.S. Department of Labor Issues Opinion Letters on the Retail or Service Establishment, Highly Compensated Employee, and Professional Exemptions, as Well as Vehicle Reimbursements and Fluctuating Workweek
...is sufficient, when treated as an indirect wage deduction, to drop the employee’s wages below the federal minimum wage. 29 C.F.R. §§ 531.35, 531.3(d), and 531.36(b). A reimbursement to cover expenses incurred for the employer is sufficient if it “reasonably approximates the expenses incurre......
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