29 C.F.R. § 516.27

“Board, lodging, or other facilities” under section 3(m) of the Act

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) In addition to keeping other records required by this part, an employer who makes deductions from the wages of employees for “board, lodging, or other facilities” (as these terms are used in sec. 3(m) of the Act) furnished to them by the employer or by an affiliated person, or who furnishes such “board, lodging, or other facilities” to employees as an addition to wages, shall maintain and preserve records substantiating the cost of furnishing each class of facility except as noted in paragraph (c) of this section. Separate records of the cost of each item furnished to an employee need not be kept. The requirements may be met by keeping combined records of the costs incurred in furnishing each class of facility, such as housing, fuel, or merchandise furnished through a company store or commissary. Thus, in the case of an employer who furnishes housing, separate cost records need not be kept for each house. The cost of maintenance, utilities, and repairs for all the houses may be shown together. Original cost and depreciation records may be kept for groups of houses acquired at the same time. Costs incurred in furnishing similar or closely related facilities, moreover, may be shown in combined records. Where cost records are kept for a “class” of facility rather than for each individual article furnished to employees, the records must also show the gross income derived from each such class of facility; e.g., gross rentals in the case of houses, total sales through the store or commissary, total receipts from sales of fuel, etc.

(1) Such records shall include itemized accounts showing the nature and amount of any expenditures entering into the computation of the reasonable cost, as defined in part 531 of this chapter, and shall contain the data required to compute the amount of the depreciated investment in any assets allocable to the furnishing of the facilities, including the date of acquisition or construction, the original cost, the rate of depreciation and the total amount of accumulated depreciation on such assets. If the assets include merchandise held for sale to employees, the records should contain data from which the average net investment in inventory can be determined.

(2) No particular degree of itemization is prescribed. However, the amount of detail shown in these accounts should be consistent with good accounting practices, and should be sufficient to enable the Administrator or authorized representative to verify the nature of the expenditure and the amount by reference to the basic records which must be preserved pursuant to § 516.6(c)(2).

(b) If additions to or deductions from wages paid (1) so affect the total cash wages due in any workweek (even though the employee actually is paid on other than a workweek basis) as to result in the employee receiving less in cash than the applicable minimum hourly wage, or (2) if the employee works in excess of the applicable maximum hours standard and (i) any additions to the wages paid are a part of wages, or (ii) any deductions made are claimed as allowable deductions under sec. 3(m) of the Act, the employer shall maintain records showing on a workweek basis those additions to or deductions from wages. (For legal deductions not claimed under sec. 3(m) and which need not be maintained on a workweek basis, see part 531 of this chapter.)

(c) The records specified in this section are not required with respect to an employee in any workweek in which the employee is not subject to the overtime provisions of the Act and receives not less than the applicable statutory minimum wage in cash for all hours worked in that workweek. (The application of section 3(m) of the Act in nonovertime weeks is discussed in part 531 of this chapter.)

Notes of Decisions
Cited in 43 cases (13 in the last 5 years), 1970–2024 · leading case: Maryam Balbed v. Eden Park Guest House, LLC, 881 F.3d 285 (4th Cir. 2018).
Maryam Balbed v. Eden Park Guest House, LLC, 881 F.3d 285 (4th Cir. 2018). · cites it 7× “The employer maintains accurate records of the costs incurred in furnishing the lodging, 29 C.F.R. § 516.27 (a). U.S. Dep’t. of Labor, Wage and Hour Div.”
Roces v. Reno Hous. Auth., 300 F. Supp. 3d 1172 (D. Nev. 2018). · cites it 7× “Plaintiffs further argue that they must be compensated not only for hours of actual work, but for all hours during which they were required to be on call.”
Alexis M. Herman, Sec'y of Labor, United States Dep't of Labor v. Collis Foods, Inc., 176 F.3d 912 (6th Cir. 1999). · cites it 6× “See 29 C.F.R. § 516.27 (a)(2). Instead, employers must maintain records to substantiate the cost of furnishing a class of non-cash benefits under § 203(m).”
Estanislau v. Manchester Developers, LLC, 316 F. Supp. 2d 104 (D. Conn. 2004). · cites it 5× “1999) (Applying 29 C.F.R. § 516.27 (b)(1) and 29 C.F.R. § 516.”
Brock v. Carrion, Ltd., 332 F. Supp. 2d 1320 (E.D. Cal. 2004). · cites it 4× “29 C.F.R. § 516.27 (a) & (b) (2004). Additionally, plaintiff argues that California Industrial Welfare Commission Order No.”
Yu G. Ke v. Saigon Grill, Inc., 595 F. Supp. 2d 240 (S.D.N.Y. 2008). “Moreover, the employer must retain records documenting the out-of-pocket costs *257 that it incurred, 29 C.F.R. § 516.27 (a), and bears the burden of proving both the actual costs and their reasonableness.”
Sullivan v. PJ United, Inc., 362 F. Supp. 3d 1139 (N.D. Ala. 2018). · cites it 2× “29 C.F.R. § 516.27 . Other persuasive authority buttresses the Court's conclusion that Defendants are not required to record Sullivan's actual expenses.”
Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007). “1999) (citing 29 C.F.R. § 516.27 (a)) (emphasis in original).”
Leach v. Johnston, 812 F. Supp. 1198 (M.D. Fla. 1992). · cites it 2× “29 C.F.R. § 516.27 (a). In this case, the Defendants failed to prove the reasonable cost of the meals which they furnished to the crew.”
Marroquin v. Canales, 505 F. Supp. 2d 283 (D. Maryland 2007). “The Code of Federal Regulations require “an employer who makes deductions from the wages of employees for ‘board, lodging, or other facilities’ .”
Herman v. Palo Grp. Foster Home, Inc., 183 F.3d 468 (6th Cir. 1999). “” 29 C.F.R. § 516.27 (a). The district court found that Defendants failed to maintain records of the number of hours their employees actually worked each workday and the total number of hours they actually worked each workweek.”
Donovan v. I & J, INC., 567 F. Supp. 93 (D.N.M. 1983). · cites it 2× “; 29 C.F.R. § 516.27 (1982). 24 This requirement is not onerous and serves the important function of insuring that employers do not overcharge their employees.”
— 29 C.F.R. § 516.27(a) — 2 cases
Alexis M. Herman, Sec'y of Labor, United States Dep't of Labor v. Collis Foods, Inc., 176 F.3d 912 (6th Cir. 1999). “See 29 C.F.R. § 516.27 (a)(2). Instead, employers must maintain records to substantiate the cost of furnishing a class of non-cash benefits under § 203(m).”
Estanislau v. Manchester Developers, LLC, 316 F. Supp. 2d 104 (D. Conn. 2004). “1999) (Applying 29 C.F.R. § 516.27 (b)(1) and 29 C.F.R. § 516.”
— 29 C.F.R. § 516.27(b) — 1 case
Maryam Balbed v. Eden Park Guest House, LLC, 881 F.3d 285 (4th Cir. 2018). “The employer maintains accurate records of the costs incurred in furnishing the lodging, 29 C.F.R. § 516.27 (a). U.S. Dep’t. of Labor, Wage and Hour Div.”
— 29 C.F.R. § 516.27(c) — 1 case
Estanislau v. Manchester Developers, LLC, 316 F. Supp. 2d 104 (D. Conn. 2004). “1999) (Applying 29 C.F.R. § 516.27 (b)(1) and 29 C.F.R. § 516.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.