[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR783.44]

[Page 660-661]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 783_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES EMPLOYED 
AS SEAMEN--Table of Contents
 
Sec. 783.44  Board and lodging as wages.

    The wages for the period covered by the wage payment include all 
remuneration for employment paid to or on behalf of the employee for all 
hours actually on duty intended to be compensated by such wage payment. 
The reasonable cost or fair value, as determined by the Secretary of 
Labor pursuant to section 3(m) of the Act, of board and lodging 
furnished the employee during such period, if customarily furnished by 
the employer to his employees, is also included as part of the

[[Page 661]]

wages for the actual hours worked in the period (see Sec. 783.16). 
However, the cost of board and lodging would not be included as part of 
the wages paid to the employee to the extent it is excluded from the 
employee's wages under terms of a bona fide collective bargaining 
agreement applicable to such employee, whether or not customarily 
furnished to the employee. Where such an exclusion is not provided for 
in any bona fide collective bargaining agreement applicable to the 
employee, the reasonable cost or fair value thereof, whichever is 
appropriate, as determined in accordance with the standards set forth in 
the regulations in part 531 of this chapter, is included as part of the 
wage paid to such employee. Part 531 of this chapter also contains the 
official regulations and interpretations of the Department of Labor 
concerning the application of section 3(m) to other facilities as well 
as board and lodging furnished to an employee.