29 C.F.R. § 531.27

Payment in cash or its equivalent required

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(a) Standing alone, sections 6 and 7 of the Act require payments of the prescribed wages, including overtime compensation, in cash or negotiable instrument payable at par. Section 3(m) provides, however, for the inclusion in the “wage” paid to any employee, under the conditions which it prescribes of the “reasonable cost,” or “fair value” as determined by the Secretary, of furnishing such employee with board, lodging, or other facilities. In addition, section 3(m) provides that a tipped employee's wages may consist in part of tips. It is section 3(m) which permits and governs the payment of wages in other than cash.

(b) It should not be assumed that because the term “wage” does not appear in section 7, all overtime compensation must be paid in cash and may not be paid in board, lodging, or other facilities. There appears to be no evidence in either the statute or its legislative history which demonstrates the intention to provide one rule for the payment of the minimum wage and another rule for the payment of overtime compensation. The principles stated in paragraph (a) of this section are considered equally applicable to payment of the minimum hourly wage required by section 6 or of the wages required by the equal pay provisions of section 6(d), and to payment, when overtime is worked, of the compensation required by section 7. Thus, in determining whether he has met the minimum wage and overtime requirements of the Act, the employer may credit himself with the reasonable cost to himself of board, lodging, or other facilities customarily furnished by him to his employees when the cost of such board, lodging, or other facilities is not excluded from wages paid to such employees under the term of a bona fide collective bargaining agreement applicable to the employees. Unless the context clearly indicates otherwise, the term “wage” is used in this part to designate the amount due under either section 6 or section 7 without distinction. It should be remembered, however, that the wage paid for a job, within the meaning of the equal pay provisions of section 6(d), may include remuneration for employment which is not included in the employee's regular rate of pay under section 7(e) of the act or is not allocable to compensation for hours of work required by the minimum wage provisions of section 6. Reference should be made to parts 778 and 800 of this chapter for a more detailed discussion of the applicable principles.

(c) Tips may be credited or offset against the wages payable under the Act in certain circumstances, as discussed later in this subpart. See also the recordkeeping requirements contained in part 516 of this chapter.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1973–2025 · leading case: Beltran v. InterExchange, Inc.
Beltran v. InterExchange, Inc. (2016) cod “Judge Tafoya’s Recommendation- also noted that pursuant to 29 C.F.R. § 531.27 (a), an employer may include the reasonable cost or fair value of furnishing an employee board, lodging or other facilities in the employee’s wages.”
Hyman v. Efficiency, Inc. (2004) ncctapp “29 C.F.R. § 531.27 (2004). The United States Department of Labor (“the USDOL”) defines “other facilities” as [m]eals furnished at company restaurants or cafeterias or by hospitals, hotels, or restaurants to their employees; meals, dormitory rooms, and tuition furnished by a…”
Biggs v. Wilson (1993) ca9 “29 C.F.R. § 531.27 (a) requires that “payments of the prescribed wages, including overtime compensation, [be made] in cash or negotiable instrument payable at par.”
Whitehead v. Sparrow Enterprise, Inc. (2004) ncctapp “29 C.F.R. § 531.27 (2004). The United States Department of Labor (“USDOL”) defines “other facilities” as: Meals furnished at company restaurants or cafeterias or by hospitals, hotels, or restaurants to their employees; meals, dormitory rooms, and tuition furnished by a college…”
John T. Dunlop, Secretary of Labor, United States Department of Labor v. The State of New Jersey (1975) ca3 “29 C.F.R. § 531.27 (1974). This regulation requires that, with certain limited exceptions not applicable to this case, overtime compensation is to be paid in cash or negotiable instruments payable at par.”
Clifford Brown v. Masonry Products, Inc., Bob Hollingsworth, and Allen Hollingsworth (1989) ca11 “§§ 206 and 216(b); 29 C.F. R. 531.27 and 531.39. Because summary judgment was properly granted for defendants on all federal claims, the district court was within its discretion in dismissing the state claims because of lack of pendent jurisdiction.”
Parr v. State of Cal. (1992) caed · cites it 2× “§§ 206 and 207, 29 C.F.R. § 531.27 . Employers must pay statutory wages “in cash or negotiable instrument payable at par” and “finally *513 and unconditionally or ‘free and clear.”
Baker v. GTE North Inc. (1996) innd “29 C.F.R. § 531.27 (a) (except in limited circumstances, wage payments under the FLSA must be in cash or negotiable instruments payable at par).”
Platek v. Duquesne Club (1995) pawd “§ 203 (m); 29 C.F.R. §§ 531.27 (c); 531.60(a).”
Brennan v. State of New Jersey (1973) njd “29 C.F.R. 531.27 (1972). The only exception to the payment of cash overtime is set forth in § 3(m) of the Act,wherein the statute allows the employer to include “board, lodging, or other facilities” in computing the wage to be paid.”
O'Brien v. Travelers Inn, LLC (2019) wisctapp “…index="26" url="https://cite.case.law/citations/?q=29%20C.F.R.%20%C2%A7%20531.27"> 29 C.F.R. § 531.27 (a) (2018). 4 However, the FLSA also provides that the " '[w]age' paid to any employee includes the reasonable cost ... to the employer of furnishing ... lodging."…”
Roman v. Maietta Construction, Inc. (1998) ca1 “” 29 C.F.R. § 531.27 . “Employers and employees may not, in general, make agreements to pay and receive less pay than the statute provides for.”
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.