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29 CFR 778.304 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Statements Of General Policy Or Interpretation Not Directly Related To Regulations (§ 775.0 To § 794.144) — Overtime Compensation (§ 778.0 To § 778.603) — Special Problems (§ 778.300 To § 778.333) — How Deductions Affect The Regular Rate (§ 778.304 To § 778.307) — Amounts deducted from cash wages - general.

4 Aug 2016

(a) The word “deduction” is often loosely used to cover reductions in pay resulting from several causes:

(1) Deductions to cover the cost to the employer of furnishing “board, lodging or other facilities,” within the meaning of section 3(m) of the Act.

(2) Deductions for other items such as tools and uniforms which are not regarded as “facilities.”

(3) Deductions authorized by the employee (such as union dues) or required by law (such as taxes and garnishments).

(4) Reductions in a fixed salary paid for a fixed workweek in weeks in which the employee fails to work the full schedule.

(5) Deductions for disciplinary reasons.

(b) In general, where such deductions are made, the employee's “regular rate” is the same as it would have been if the occasion for the deduction had not arisen. Also, as explained in part 531 of this chapter, the requirements of the Act place certain limitations on the making of some of the above deductions.

29 CFR 778.304
[33 FR 986, Jan. 26, 1968, as amended at 46 FR 7314, Jan. 23, 1981]