FLSA · Board / lodging / facilities · 29 CFR § 778.116
FLSA 778.116 board / lodging / facilities — included in the regular rate
29 CFR § 778.116: where board, lodging, meals, or other facilities are regarded as part of wages, the reasonable cost to the employer or the fair value of furnishing such facilities must be included in the regular rate (see part 531). Classic $20 × five 10h + $50 board → $1,155 vs /overtime/ $1,100 vs exclude-contrast $1,150 vs 778.223 $40 $1,144 vs 778.215 $90 $1,190 vs 778.224 $80 $1,180.
How 778.116 pays
Inclusion of facility value in the regular rate. Section 778.116 addresses payments other than cash. When the employer furnishes board, lodging, meals, or other facilities that are regarded as part of wages, the reasonable cost to the employer or the fair value of furnishing such facilities must be added to cash wages before the regular rate is determined. Extra half-time after 40 uses the facility-inflated RR. Total = (hourly cash + facility value) + ½×RR×OT hours.
Part 531 reasonable cost / fair value. 29 CFR part 531 governs how reasonable cost and fair value are measured. This calculator takes the weekly facility dollar as an input (reasonable cost or fair value already determined) and shows the regular-rate consequence under 778.116.
Not a 778.224 exclusion. 778.224 “other similar payments” (parking, gym, tuition) can be excluded when not compensation for hours/services. Board and lodging are compensation for services — 778.224(a) says so — and 778.116 affirmatively requires inclusion. The 224-convenience toggle on this page is a contrast path only ($1,150).
Not 778.217 / not HI salaried board. Expense reimbursements under 778.217 are a different § 7(e)(2) line. Hawaii’s salaried board/lodging 50% gate on /hawaii-salaried-overtime/ is a state dual-track RR rule, not 778.116.
Classic · $20 · five 10h · $50 board → $1,155 (RR $21.00 · extra half $105; vs /overtime/ $1,100 · exclude-contrast $1,150 · 778.223 $40 $1,144 · 778.215 $90 $1,190 · 778.224 $80 $1,180 · 778.222 $75 $1,175 · 778.213 $100 $1,200 · 778.211 $250 $1,350).
Lodging / meals / facilities / board-lodging · $50 → $1,155.
Contrast exclude / 224-convenience · same punches · $50 → $1,150.
Five 8h + $50 (no OT) → $850.
$0 facility → $1,100 (ordinary after-40).
Sources
- 29 CFR § 778.116 — Payments other than cash (Cornell LII, HTTP 200)
- 29 CFR § 778.116 — eCFR (HTTP 200)
- 29 CFR § 531.3 — Reasonable cost (part 531, HTTP 200)
- 29 U.S.C. § 207 — Maximum hours / regular rate (HTTP 200)
- 29 CFR § 778.200 — Inclusion / exclusion / crediting framework (HTTP 200)
- 29 CFR § 778.224 — Other similar payments (cousin / contrast, HTTP 200)
- 29 CFR § 778.217 — Reimbursement for expenses (cousin, HTTP 200)
- WHD Fact Sheet #56A — Regular rate under the FLSA (HTTP 200)
- /flsa-778-224-other-similar/ — 778.224 other-similar cousin
- /flsa-778-223-on-call/ — 778.223 on-call cousin (also IN RR)
- /flsa-778-217-expenses/ — 778.217 expenses cousin
- /hawaii-salaried-overtime/ — HI board 50% gate (not this page)
- /overtime/ — ordinary after-40 baseline
FAQ
Classic five 10h + $50 board?
Remuneration $1,050 ÷ 50h = RR $21.00; extra half-time $105; total $1,155 vs /overtime/ $1,100 vs exclude-contrast $1,150 vs 778.223 $40 $1,144 vs 778.215 $90 $1,190 vs 778.224 $80 $1,180 vs 778.222 $75 $1,175 vs 778.213 $100 $1,200 vs 778.211 $250 $1,350.
Wrongly exclude the facility from RR?
Contrast path → FLSA after-40 $1,100 + $50 = $1,150. 778.116 says board/lodging regarded as wages stays IN RR.
Same as /flsa-778-224-other-similar/?
No. 778.224 excludes non-wage conveniences (parking/gym/tuition). Board/lodging is compensation for services and must be included under 778.116. Classic dollars differ ($1,155 here vs $1,180 parking exclude).
Lodging / meals / other facilities?
Same inclusion math. Pick the facility kind; classic $50 → $1,155.
Can the facility value be credited toward OT?
When included in RR (the happy path), it inflates RR and therefore the half-time premium — it is not a separately creditable overtime premium under § 7(h).