29 C.F.R. § 531.32

“Other facilities.”

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(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
Cited in 53 cases (15 in the last 5 years), 1973–2025 · leading case: Jorge E. Arriaga v. Florida Pac. Farms, L.L.C., 305 F.3d 1228 (11th Cir. 2002).
Shane Villarino v. Pacesetter Pers. Serv., Inc. (11th Cir. 2025). · cites it 2× “To start, the company’s transportation agreement tells workers that once they are assigned to a job—and accept it—it is their own “responsibility to arrive at that job/customer/work site by the time designated in [their] Time Ticket.”
Fredericks v. Ameriflight, LLC (N.D. Tex. 2024). · cites it 6× “25 These payments are really for the employee, not the employer, so the employer can count them as wages to get up to the level needed for minimum wages.”
Edwards v. PJ Ops Idaho, LLC (D. Idaho 2023).
Aquino v. Uber Tech., Inc. (S.D.N.Y. 2023). “July 2, 2014) (citing 29 C.F.R. §§ 531.32 (c), 531.35). Plaintiff alleges in his complaint that he worked for 3 hours and 48 minutes based on the time he was logged into the Uber application and that he had three customers during this time.”
Aquino v. Uber Tech., Inc. (S.D.N.Y. 2023). “July 2, 2014) (citing 29 C.F.R. §§ 531.32 (c), 531.35). Plaintiff has plausibly pleaded that the car-related expenses were primarily for the benefit of Uber insofar as he has pointed to Uber policies that require drivers to maintain their vehicles and carry appropriate insurance…”
Lima v. Ranger Env't Servs., LLC (S.D. Ala. 2022). · cites it 2× “2 Specifically, Section 203(m) states that a “wage paid to any employee includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, 2 See 29 C.F.R. § 531.32 (a) (“‘Other…”
Su v. All. Mech. Solutions LLC (S.D. Ala. 2022).
Matias-Rossello v. Epoch LLC (D.P.R. 2022). “That regulation, in turn, references 29 C.F.R. § 531.32 (c), which cross-references 29 C.”
— 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) — 2 cases
Castellanos-Contreras v. Decatur Hotels, LLC, 622 F.3d 393 (5th Cir. 2010).
De Luna-Guerrero v. North Carolina Grower's Ass'n, Inc., 338 F. Supp. 2d 649 (E.D.N.C. 2004).
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