[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR531.4]

[Page 163]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 531_WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938--Table 
of Contents
 
  Subpart B_Determinations of ``Reasonable Cost'' and ``Fair Value''; 
               Effects of Collective Bargaining Agreements
 
Sec. 531.4  Making determinations of ``reasonable cost.''

    (a) Procedure. Upon his own motion or upon the petition of any 
interested person, the Administrator may determine generally or 
particularly the ``reasonable cost'' to an employer of furnishing any 
employee with board, lodging, or other facilities, if such board, 
lodging, or other facilities are customarily furnished by the employer 
to his employees. Notice of proposed determination shall be published in 
the Federal Register, and interested persons shall be afforded an 
opportunity to participate through submission of written data, views, or 
arguments. Such notice shall indicate whether or not an opportunity will 
be afforded to make oral presentations. Whenever the latter opportunity 
is afforded, the notice shall specify the time and place of any hearing 
and the rules governing such proceedings. Consideration shall be given 
to all relevant matter presented in the adoption of any rule.
    (b) Contents of petitions submitted by interested persons. Any 
petition by an employee or an authorized representative of employees, an 
employer or group of employers, or other interested persons for a 
determination of ``reasonable cost'' shall include the following 
information:
    (1) The name and location of the employer's or employers' place or 
places of business;
    (2) A detailed description of the board, lodging, or other 
facilities furnished by the employer or employers, whether or not these 
facilities are customarily furnished by the employer or employers, and 
whether or not they are alleged to constitute ``wages'';
    (3) The charges or deductions made for the facility or facilities by 
the employer or employers;
    (4) When the actual cost of the facility or facilities is known an 
itemized statement of such cost to the employer or employers of the 
furnished facility or facilities;
    (5) The cash wages paid;
    (6) The reason or reasons for which the determination is requested, 
including any reason or reasons why the determinations in Sec. 531.3 
should not apply; and
    (7) Whether an opportunity to make an oral presentation is 
requested; and if it is requested, the inclusion of a summary of any 
expected presentation.

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