(a) “Other facilities,” as used in this section, must be something like board or lodging. The following items have been deemed to be within the meaning of the term: 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 to its student employees; housing furnished for dwelling purposes; general merchandise furnished at company stores and commissaries (including articles of food, clothing, and household effects); fuel (including coal, kerosene, firewood, and lumber slabs), electricity, water, and gas furnished for the noncommercial personal use of the employee; transportation furnished employees between their homes and work where the travel time does not constitute hours worked compensable under the Act and the transportation is not an incident of and necessary to the employment.
(b) Shares of capital stock in an employer company, representing only a contingent proprietary right to participate in profits and losses or in the assets of the company at some future dissolution date, do not appear to be “facilities” within the meaning of the section.
(c) It should also be noted that under § 531.3(d)(1), the cost of furnishing “facilities” which are primarily for the benefit or convenience of the employer will not be recognized as reasonable and may not therefore be included in computing wages. Items in addition to those set forth in § 531.3 which have been held to be primarily for the benefit or convenience of the employer and are not therefore to be considered “facilities” within the meaning of section 3(m) include: Safety caps, explosives, and miners' lamps (in the mining industry); electric power (used for commercial production in the interest of the employer); company police and guard protection; taxes and insurance on the employer's buildings which are not used for lodgings furnished to the employee; “dues” to chambers of commerce and other organizations used, for example, to repay subsidies given to the employer to locate his factory in a particular community; transportation charges where such transportation is an incident of and necessary to the employment (as in the case of maintenance-of-way employees of a railroad); charges for rental of uniforms where the nature of the business requires the employee to wear a uniform; medical services and hospitalization which the employer is bound to furnish under workmen's compensation acts, or similar Federal, State, or local law. On the other hand, meals are always regarded as primarily for the benefit and convenience of the employee. For a discussion of reimbursement for expenses such as “supper money,” “travel expenses,” etc., see § 778.217 of this chapter.
Notes of Decisions
Jorge E. Arriaga v. Florida Pac. Farms, L.L.C., 305 F.3d 1228 (11th Cir. 2002).
· cites it 12× “” See 29 C.F.R. § 531.32 . One of the DOL regulations states that “the cost of furnishing ‘facilities’ which are primarily for the benefit or convenience of the employer will not be recognized as reasonable and may not therefore be included in computing wages.”
Castellanos-Contreras v. Decatur Hotels, LLC, 622 F.3d 393 (5th Cir. 2010).
· cites it 14× “See also 29 C.F.R. § 531.32 (2010) (describing items like safety caps, explosives, lamps, electric power, company police or security, taxes and insurance on employer buildings, railway fare for maintenance-of-way railway workers, and uniforms as "other facilities" not subject to…”
De Luna-Guerrero v. North Carolina Grower's Ass'n, Inc., 338 F. Supp. 2d 649 (E.D.N.C. 2004).
· cites it 13× ““Other facilities” have been further defined by the regulations contained in 29 CFR § 531.32 (a) to include “transportation furnished employees between their homes and work where the travel time does not constitute hours worked compensable under the Act and the transportation is…”
Garcia v. Frog Island Seafood, Inc., 644 F. Supp. 2d 696 (E.D.N.C. 2009).
· cites it 4× “0301(d); 29 C.F.R. § 531.32 (c). Accordingly, Plaintiffs’ motion for summary judgment as to Defendant’s liability regarding reimbursement of transportation and border crossing expenses under the NCWHA is ALLOWED.”
Gaxiola v. Williams Seafood of Arapahoe, Inc., 776 F. Supp. 2d 117 (E.D.N.C. 2011).
· cites it 5× ““Other facilities” have been further defined by the regulations contained in 29 CFR § 531.32 (a) to include “transportation furnished employees between their homes and work where the travel time does not constitute hours worked compensable under the Act and the transportation is…”
Sullivan v. PJ United, Inc., 362 F. Supp. 3d 1139 (N.D. Ala. 2018).
· cites it 4× “29 C.F.R. § 531.32 (c). Section 531.35 references the term "facilities" and directs the reader to refer to § 531.”
De Leon-Granados v. Eller & Sons Trees, Inc., 581 F. Supp. 2d 1295 (N.D. Ga. 2008).
· cites it 5× “29 C.F.R. § 531.32 (a). The FLSA does not itself define “other facilities,” but the United States Department of Labor (referred to herein as the “Department of Labor”) has promulgated regulations to clarify this provision.”
Ramos-Barrientos v. Bland, 661 F.3d 587 (11th Cir. 2011).
· cites it 2× “An employer may not receive a wage credit for “medical services and hospitalization which [it] is bound to furnish under workmen’s compensation acts,” id.”
Reich v. Priba Corp., 890 F. Supp. 586 (N.D. Tex. 1995).
· cites it 2× “3 (d)(2) (illustrative list of facilities which primarily benefit the employer); see also 29 C.F.R. § 531.32 (c) (costs of facilities which primarily benefit the employer cannot be imposed on employees by being included in computation of wages).”
Soler v. G & U, INC., 615 F. Supp. 736 (S.D.N.Y. 1985).
· cites it 3× “; see also 29 C.F.R. § 531.32 . Although an employee may receive certain benefits from the facilities listed above, the facilities primarily benefit the employer.”
Francisco Soler v. G. & U., Inc., & Sec'y, United States Dep't of Labor, 833 F.2d 1104 (2d Cir. 1987).
· cites it 2× “3(m) as well as decisional law comport with this analysis. See, e.g., 29 C.F.R. Sec. 531.3(d)(2) (an employer's expenses for tools of the trade, construction by and for the employer, and certain uniforms are not reasonable costs deductible from wages); 29 C.”
Leverette v. Labor Works Int'l, LLC, 636 S.E.2d 258 (N.C. Ct. App. 2006).
· cites it 3× “§ 203 (m); 29 C.F.R. § 531.32 (a). Because the van transportation provided by defendants is essentially home-to-work travel not compensable under the FLSA or NCWHA as “hours worked,” and not “an incident of and necessary to the employment,” it constitutes “other facilities.”
— 29 C.F.R. § 531.32(a) — 2 cases
Sullivan v. PJ United, Inc., 362 F. Supp. 3d 1139 (N.D. Ala. 2018).
“29 C.F.R. § 531.32 (c). Section 531.35 references the term "facilities" and directs the reader to refer to § 531.”
— 29 C.F.R. § 531.32(c) — 2 cases
Castellanos-Contreras v. Decatur Hotels, LLC, 622 F.3d 393 (5th Cir. 2010).
“See also 29 C.F.R. § 531.32 (2010) (describing items like safety caps, explosives, lamps, electric power, company police or security, taxes and insurance on employer buildings, railway fare for maintenance-of-way railway workers, and uniforms as "other facilities" not subject to…”
De Luna-Guerrero v. North Carolina Grower's Ass'n, Inc., 338 F. Supp. 2d 649 (E.D.N.C. 2004).
““Other facilities” have been further defined by the regulations contained in 29 CFR § 531.32 (a) to include “transportation furnished employees between their homes and work where the travel time does not constitute hours worked compensable under the Act and the transportation is…”
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