The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019. Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities. Only one of these is new: a planned Notice of Proposed Rulemaking (NPRM) on the regulations at 29 C.F.R. Part 531, which interpret section 3(m) of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203(m). Section 3(m) allows employers to count the reasonable cost of furnishing employees with board, lodging, or other facilities towards the minimum wage obligation. The WHD plans to issue an NPRM later this year to clarify the meaning of “other facilities” and to provide additional compliance guidance.
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