(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 Sec. 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]
