29 C.F.R. § 531.28

Restrictions applicable where payment is not in cash or its equivalent

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It appears to have been the clear intention of Congress to protect the basic minimum wage and overtime compensation required to be paid to the employee by sections 6 and 7 of the Act from profiteering or manipulation by the employer in dealings with the employee. Section 3(m) of the Act and subpart B of this part accordingly prescribe certain limitations and safeguards which control the payment of wages in other than cash or its equivalent. (Special recordkeeping requirements must also be met. These are contained in part 516 of this chapter.) These provisions, it should be emphasized, do not prohibit payment of wages in facilities furnished either as additions to a stipulated wage or as items for which deductions from the stipulated wage will be made; they prohibit only the use of such a medium of payment to avoid the obligation imposed by sections 6 and 7.

Notes of Decisions

Cited in 3 cases, 1982–2019 · leading case: Soler v. G & U, INC., 615 F. Supp. 736 (S.D.N.Y. 1985).

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Soler v. G & U, INC., 615 F. Supp. 736 (S.D.N.Y. 1985). · cites it 2× “12 See 29 C.F.R. § 531.28 . The convenience-of-the-employer doctrine was *742 one of the safeguards set forth to protect covered employees.”

Donovan v. K F C Servs., Inc., 547 F. Supp. 503 (E.D.N.Y 1982). “” 2 29 C.F.R. § 531.28 . *507 Plainly, the chief danger the § 531.”

O'Brien v. Travelers Inn, LLC, 927 N.W.2d 933 (Wis. Ct. App. 2019). “27 (listing recordkeeping requirements); 29 C.F.R. § 531.28 ("[ 29 U.S.C. § 203 (m) ] .”

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