CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 15274
...sults in the employee's cash pay falling below the statutory minimum. Reasonable cost may not exceed the employer's actual cost. 29 C.F.R. § 531.3 (a). The employer is responsible for maintaining and preserving records substantiating that cost. Id. § 516.27....
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Cited as authorityDayton (2024)phrase: "rule_authority"
Cited as authoritySpears (2022)phrase: "rule_authority"
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 25 Wage & Hour Cas. (BNA) 645, 1982 U.S. App. LEXIS 19231
...§ 531.3 (a) (1981). " 'Reasonable cost' does not include a profit to the employer or to any affiliated person." Id. § 531.3(b). The regulations require employers to keep certain records of the cost incurred in furnishing board, lodging or other facilities, id. § 516.27(a), and also require the employer to maintain records showing additions or deductions from wages paid for board, lodging or other facilities on a work week basis....
...11 As in Veterans Cleaning Service, if the employer fails to do so, he is not entitled to claim any credit. 12 23 In this case, the appellants have failed to prove the reasonable cost of the meals and lodging which they claim was furnished to employees. The appellants have not kept the records required by 29 C.F.R. § 516.27 with respect to the cost of providing the meals and lodging in question of with respect to the actual deductions claimed on a week-by-week basis....
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Cited as authorityNqadolo (2023)phrase: "rule_authority"
Cited as authoritySpears (2022)phrase: "rule_authority"
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 25 Wage & Hour Cas. (BNA) 645
...“ ‘Reasonable cost’ does not include a profit to the employer or to any affiliated person.” Id. § 531.3(b). The regulations require employers to keep certain records of the cost incurred in furnishing board, lodging or other facilities, id. § 516.27(a), and also require the employer to maintain, on work week basis, records reflecting additions to wages or deductions from wages for board, lodging or other facilities....
...11 As in Veterans Cleaning Service, if the employer fails to do so, he is not entitled to claim any credit. 12 In this case, the appellants have failed to prove the reasonable cost of the meals and lodging which they claim was furnished to employees. The appellants have not kept the records required by 29 C.F.R. § 516.27 with respect to the cost of providing the meals and lodging in question of with respect to the actual deductions claimed on a week-by-week basis....
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Cited as authoritySierra (2023)phrase: "rule_authority"
Cited as authorityModise (2022)phrase: "rule_authority"
Cited as authorityGohn (2020)phrase: "rule_authority"
CopyCited 14 times | Published | District Court, M.D. Florida | 1992 WL 436560
..."`Reasonable costs' does not include a profit to the employer or any affiliated person." 29 C.F.R. § 531.3(b). The regulations further require employers to preserve certain records of the cost incurred in furnishing board, lodging or other facilities. 29 C.F.R. § 516.27(a)....
...In this case, the Defendants failed to prove the reasonable cost of the meals which they furnished to the crew. The receipts offered into evidence were incomplete, and did not conform to the standard required in the regulations. Findings of Fact ¶¶ 26, 32; 29 C.F.R. § 516.27(a)....
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Cited as authoritySolano (2024)phrase: "rule_authority"
Cited as authoritySejour (2014)phrase: "rule_authority"
Cited as authorityFanette (2014)phrase: "rule_authority"
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 195370
...ts in the employee’s cash pay falling below the statutory minimum. Reasonable cost may not exceed the employer’s actual cost. 29 C.F.R, § 531.3(a). The employer is responsible for maintaining and preserving records substantiating that cost. Id. § 516.27....
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Cited as authorityScali-Warner (2020)phrase: "rule_authority"
Cited as authorityCordova (2015)phrase: "rule_authority"
CopyCited 4 times | Published | District Court, S.D. Florida | 27 Wage & Hour Cas. (BNA) 429, 1985 U.S. Dist. LEXIS 17015
...§ 203(m), allows employers to include the reasonable cost of meals, lodging, or other facilities in employee wages for purposes of the Act. The regulations promulgated by the Secretary of Labor require employers to keep certain records of the cost incurred furnishing board, lodging or other facilities, 29 C.F.R. § 516.27(a), and also require the employer to maintain, on a work-week basis, records reflecting additions to wages or deductions from wages for board, lodging, or other facilities....
...§ 531.4(a), establish a specific procedure to facilitate such determinations. The burden of invoking the administrator's assistance is on the employer. New Floridian Hotel, Inc.,
676 F.2d at 475, n. 13. Where, as here, the employer has failed to comply with the record-keeping provisions, 29 C.F.R. §
516.27, and there has been no determination of reasonable cost by the Wage and Hour Division, the employer does not satisfy its burden....
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Cited as authorityWalters (2008)phrase: "rule_authority"
Cited as authorityPerez (2008)phrase: "rule_authority"
Cited as authorityMorrisroe (1994)phrase: "rule_authority"
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 610
...sults in the employee's cash pay falling below the statutory minimum. Reasonable cost may not exceed the employer's actual cost. 29 C.F.R. § 531.3 (a). The employer is responsible for maintaining and preserving records substantiating that cost. Id. § 516.27....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the employee’s cash pay falling below the statutory minimum. Reasonable cost may not exceed the employer’s actual cost. 29 C.F.R. § 531.3 (a). The employer *514 is responsible for maintaining and preserving records substantiating that cost. Id. § 516.27....
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Cited as authorityQuick (1993)phrase: "rule_authority"
CopyCited 1 times | Published | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 60153, 2014 WL 1661265
...t) for interest on the depreciated amount of capital invested by the employer.” 29 C.F.R. § 531.3 (c). 13 The employer is responsible for maintaining and preserving records substantiating that cost. Caro-Galvan,
993 F.2d at 1513 (citing 29 C.F.R. §
516.27 (a))....
...e, local phone, parking, storage, and laundry. See Doc. 27-8 at 7. This document does not provide any substantiation as to how Defendants determined the reasonable cost of each benefit, let alone the detailed justification required under 29 C.F.R. §§ 516.27 (a) and 531.3(c)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: May 14, 2024
...the board, lodging, or other facilities customarily furnished by him
to his employees.” 29 C.F.R. § 531.3(a). Employers must keep cer-
tain records of the cost incurred in providing board, lodging, and
other facilities, id. § 516.27(a), and employers must keep records
showing additions or deductions from wages paid for board, lodg-
ing, or other facilities on a work-week basis, id. § 516.27(b).
The employer bears the burden of establishing that he is enti-
tled to the credits of lodging by proving the reasonable cost of the
credited items....
...Although the regulations require employers to keep records of
lodging costs, the regulations do not say that keeping those records
is a prerequisite for getting credit for lodging costs in a lawsuit. See
29 C.F.R. § 516.27(a)–(b)....
