Section 3(m) applies to both of the following situations: (a) Where board, lodging, or other facilities are furnished in addition to a stipulated wage; and (b) where charges for board, lodging, or other facilities are deducted from a stipulated wage. The use of the word “furnishing” and the legislative history of section 3(m) clearly indicate that this section was intended to apply to all facilities furnished by the employer as compensation to the employee, regardless of whether the employer calculates charges for such facilities as additions to or deductions from wages.
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29 CFR 531.29 : 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) — Regulations (§ 500.0 To § 697.4) — Wage Payments Under The Fair Labor Standards Act Of 1938 (§ 531.1 To § 531.60) — Interpretations (§ 531.25 To § 531.40) — How Payments May Be Made (§ 531.27 To § 531.35) — Board, lodging, or other facilities.
4 Aug 2016