29 C.F.R. § 778.116
Payments other than cash
Where payments are made to employees in the form of goods or facilities which are regarded as part of wages, the reasonable cost to the employer or the fair value of such goods or of furnishing such facilities must be included in the regular rate. (See part 531 of this chapter for a discussion as to the inclusion of goods and facilities in wages and the method of determining reasonable cost.) Where, for example, an employer furnishes lodging to his employees in addition to cash wages the reasonable cost or the fair value of the lodging (per week) must be added to the cash wages before the regular rate is determined.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2002–2024 · leading case: Keun-Jae Moon v. Joon Gab Kwon
Keun-Jae Moon v. Joon Gab Kwon (2002)
“29 C.F.R. 778.116; 29 C.F.R. 778.202; see Marshall v.”
Bernardina Rodriguez v. Taco Bell Corp. (2018)
“See 29 C.F.R. § 778.116 (“Where payments are made to employees in the form of goods or facilities which are regarded as part of wages, the reasonable cost to the employer or the fair value of such goods or of furnishing such facilities must be included in the regular rate.”
Adoma v. UNIVERSITY OF PHOENIX, INC. (2011)
“§ 207 (e), 29 C.F.R. § 778.116 , states that payments other than cash, such as those in the form of “goods or facilities,” must be included in the regular rate, when regarded as part of wages.”
Aboah v. Fairfield Healthcare Services, Inc. (2024)
“29 C.F.R. § 778.116 (emphasis added). BrightStar takes the position that there must be an agreement by both parties to include food and lodging for these items to be “regarded” as part of live-in caregivers’ wages under this provision, and contends that it did not agree to such…”
Aboah v. Fairfield Healthcare Services, Inc. (2022)
“The relevance of the section 3(m) credit stems from 29 C.F.R. § 778.116 , which provides that “[w]here payments are made to employees in the form of goods or facilities which are regarded as part of wages, the reasonable cost to the employer or the fair value of such goods or of…”
Underwood v. TAFSC Housing Development Fund Corporation (2019)
“29 C.F.R. § 778.116 (“Where . . . an employer furnishes lodging to his employees in addition to cash wages .”
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