C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 552—APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE › Subpart B—Interpretations

29 C.F.R. § 552.100

Application of minimum wage and overtime provisions

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

(a)(1) Domestic service employees must receive for employment in any household a minimum wage of not less than that required by section 6(a) of the Fair Labor Standards Act.

(2) In addition, domestic service employees who work more than 40 hours in any one workweek for the same employer must be paid overtime compensation at a rate not less than one and one-half times the employee's regular rate of pay for such excess hours, unless the employee is one who resides in the employer's household. In the case of employees who reside in the household where they are employed, section 13(b)(21) of the Act provides an overtime, but not a minimum wage, exemption. See § 552.102.

(b) In meeting the wage responsibilities imposed by the Act, employers may take appropriate credit for the reasonable cost or fair value, as determined by the Administrator, of food, lodging and other facilities customarily furnished to the employee by the employer such as drugs, cosmetics, drycleaning, etc. See S. Rep. 93-690, p. 19, and section 3(m) of the Act. Credit may be taken for the reasonable cost or fair value of these facilities only when the employee's acceptance of them is voluntary and uncoerced. See regulations, part 531. Where uniforms are required by the employer, the cost of the uniforms and their care may not be included in such credit.

(c) For enforcement purposes, the Administrator will accept a credit taken by the employer of up to 37.5 percent of the statutory minimum hourly wage for a breakfast (if furnished), up to 50 percent of the statutory minimum hourly wage for a lunch (if furnished), and up to 62.5 percent of the statutory minimum hourly wage for a dinner (if furnished), which meal credits when combined do not in total exceed 150 percent of the statutory minimum hourly wage for any day. Nothing herein shall prevent employers from crediting themselves with the actual cost or fair value of furnishing meals, whichever is less, as determined in accordance with part 531 of this chapter, if such cost or fair value is different from the meal credits specified above: Provided, however, that employers keep, maintain and preserve (for a period of 3 years) the records on which they rely to justify such different cost figures.

(d) In the case of lodging furnished to live-in domestic service employees, the Administrator will accept a credit taken by the employer of up to seven and one-half times the statutory minimum hourly wage for each week lodging is furnished. Nothing herein shall prevent employers from crediting themselves with the actual cost or fair value of furnishing lodging, whichever is less, as determined in accordance with part 531 of this chapter, if such cost or fair value is different from the amount specified above, provided, however, that employers keep, maintain, and preserve (for a period of 3 years) the records on which they rely to justify such different cost figures. In determining reasonable cost or fair value, the regulations and rulings in 29 CFR part 531 are applicable.

(Sec. 29(b), 88 Stat. 76; (29 U.S.C. 206(f)); Secretary's Order No. 16-75, dated Nov. 25, 1975 (40 FR 55913), and Employment Standards Order No. 76-2, dated Feb. 23, 1976 (41 FR 9016)) [40 FR 7405, Feb. 20, 1975, as amended at 44 FR 6716, Feb. 2, 1979; 60 FR 46768, Sept. 8, 1995]
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1981–2024 · leading case: Capron v. Massachusetts Attorney Gen., 944 F.3d 9 (1st Cir. 2019).
Sort: Relevance Newest Treatment
Capron v. Massachusetts Attorney Gen., 944 F.3d 9 (1st Cir. 2019). · cites it 2× “29 C.F.R. § 552.100 (c)-(d). The FLSA contains a savings clause.”
Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158 (2007). “Indeed, Subpart B’s other regulations — involving such matters as employer “credit[s]” against minimum wage payments for provision of “food,” “lodging,” and “drycleaning,” 29 CFR § 552.100 (b), and so forth— strongly indicate that such details, not a direct interpretation of the…”
Velez v. Sanchez, 693 F.3d 308 (2d Cir. 2012). “29 C.F.R. § 552.100 (b). That Velez chose to remain at Sanchez’s house even though she did not receive compensation for her work is also not dispositive.”
Gabina Camacho Lopez v. Manuel Rodriguez & Mirtha Rodriguez, 668 F.2d 1376 (D.C. Cir. 1981). “1940), does little to define the scope of the requirement that acceptance be “voluntary and uncoerced.”
Barraza v. Pardo, 985 F. Supp. 2d 1369 (S.D. Fla. 2013). · cites it 4× “29 C.F.R. § 552.100 (b). Meal credits are capped at 37.”
Maphutha v. Diligent Enter., Inc. (D. Conn. 2021). · cites it 3× “27 (a) and 29 C.F.R. § 552.100 (d))(underlining where bold in original).”
Modise v. CareOne Health Servs., LLC (D. Conn. 2022). · cites it 3× “29 C.F.R. § 552.100 (d). For purposes of this regulation, the federal minimum hourly wage applies.”
Nail v. Shipp (S.D. Ala. 2019). “29 C.F.R. § 552.100 (b)."). The regulations specify that "other facilities" includes meals furnished at company restaurants to employees, and "meals are always regarded as primarily for the benefit and convenience of the employee.”
Murphy v. Allstaff Med. Resources, Inc. (D. Colo. 2019). “§ 207 (a)(1) and (I)'; 29 C.F.R. § 552.100 (a); see Landry v. Swire Oilfield Servs.”
Mmolawa v. Diligent Enter., Inc. (D. Conn. 2020). “27 (a) and 29 C.F.R. § 552.100 (d))(underlining where bold in original).”
Aboah v. Fairfield Healthcare Servs., Inc. (D. Conn. 2023). “See SAC ¶¶ 14–15 (citing 29 C.F.R. §§ 552.100 (c) & (d)). with respect to the lack of agreements to exclude meal and sleeping periods, although this is a relatively close question.”
Toloza v. Ruiz (S.D. Fla. 2024). “Further, Toloza alleges she is a covered employee under the “live-out” domestic service employee category described in 29 C.F.R. section 552.100. (See FAC ¶ 15).”
Show all 13 citing cases →
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.