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Are employers legally allowed to pay employees in goods and services equal to or greater than the minimum wage?

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8

1

In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to or greater than the minimum wage?

For example, if a restaurant worker earns a $7.25 minimum wage, would it be legal for another worker to be paid in $7.25 worth of food per hour?

united-states barter

share|improve this question

edited 5 hours ago

Evorlor

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Are you just asking whether the federal minimum wage law allows this? Many states have their own minimum wage laws that may have different requirements (and amounts). By the way, the federal minimum wage is currently $7.25 per hour, not $10.
  
  – Nate Eldredge
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @NateEldredge Yes, that is what I am asking. I updated the question to reflect the federal minimum wage.
  
  – Evorlor
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Are you asking if a worker can legally agree to this, or are you asking if an employer can unilaterally impose this on a worker who would prefer cash (e.g. "As of next week, you will be paid in crates of Cream of Chicken soup only, based on a survey of local retail prices. I am legally allowed to do this under the Truth in Minimum Wage and In-Kind Compensation Act of 1973. If you do not like this, you can quit!")?
  
  – Robert Columbia
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @RobertColumbia I am asking if this is legal assuming both parties agree to it.
  
  – Evorlor
  5 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  This page says yes, but does not give references.
  
  – Nate Eldredge
  2 hours ago
  

  
  
  
  

add a comment | 

8

1

In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to or greater than the minimum wage?

For example, if a restaurant worker earns a $7.25 minimum wage, would it be legal for another worker to be paid in $7.25 worth of food per hour?

united-states barter

share|improve this question

edited 5 hours ago

Evorlor

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Are you just asking whether the federal minimum wage law allows this? Many states have their own minimum wage laws that may have different requirements (and amounts). By the way, the federal minimum wage is currently $7.25 per hour, not $10.
  
  – Nate Eldredge
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @NateEldredge Yes, that is what I am asking. I updated the question to reflect the federal minimum wage.
  
  – Evorlor
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Are you asking if a worker can legally agree to this, or are you asking if an employer can unilaterally impose this on a worker who would prefer cash (e.g. "As of next week, you will be paid in crates of Cream of Chicken soup only, based on a survey of local retail prices. I am legally allowed to do this under the Truth in Minimum Wage and In-Kind Compensation Act of 1973. If you do not like this, you can quit!")?
  
  – Robert Columbia
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @RobertColumbia I am asking if this is legal assuming both parties agree to it.
  
  – Evorlor
  5 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  This page says yes, but does not give references.
  
  – Nate Eldredge
  2 hours ago
  

  
  
  
  

add a comment | 

In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to or greater than the minimum wage?

For example, if a restaurant worker earns a $7.25 minimum wage, would it be legal for another worker to be paid in $7.25 worth of food per hour?

united-states barter

share|improve this question

edited 5 hours ago

Evorlor

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

share|improve this question

edited 5 hours ago

Evorlor

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

share|improve this question

edited 5 hours ago

Evorlor

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

asked 9 hours ago

EvorlorEvorlor

36533 silver badges88 bronze badges

1 Answer
1

active

oldest

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9

As described, no.

Paying employees with benefits instead of money is called in kind remuneration. There are various limits on in kind payments around the world, including the US. Very generally, in kind payments are only allowed for particular industries and occupations, only allowed up to a certain dollar value, and only allowed as a certain fraction of the employee's wages. Furthermore, the value of the benefit can't exceed the actual cost to the employer - a meal that's priced at $7.25 on the menu is sold at a profit, and would be worth less than the menu price as in kind remuneration.

So, given the scenario described, a restaurant employer could not replace 100% of their employee's wages with food sold for the same amount. It's too high a percentage of the wage paid as in kind payment, and the menu price equivalent of the wage would not have sufficient in kind value.

A more detailed description of in kind payment laws can be found here.

share|improve this answer

edited 4 hours ago

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  The document you've linked is 93 pages and covers laws all over the world. Can you point to where it explains this provision of US federal law in particular? I would like to see a citation of a specific US statute / regulation / case where this is established.
  
  – Nate Eldredge
  2 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Handy Reference Guide to the Fair Labor Standards Act "Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA."
  
  – David C. Rankin
  2 hours ago
  

  
  
  
  

add a comment | 

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9

As described, no.

Paying employees with benefits instead of money is called in kind remuneration. There are various limits on in kind payments around the world, including the US. Very generally, in kind payments are only allowed for particular industries and occupations, only allowed up to a certain dollar value, and only allowed as a certain fraction of the employee's wages. Furthermore, the value of the benefit can't exceed the actual cost to the employer - a meal that's priced at $7.25 on the menu is sold at a profit, and would be worth less than the menu price as in kind remuneration.

So, given the scenario described, a restaurant employer could not replace 100% of their employee's wages with food sold for the same amount. It's too high a percentage of the wage paid as in kind payment, and the menu price equivalent of the wage would not have sufficient in kind value.

A more detailed description of in kind payment laws can be found here.

share|improve this answer

edited 4 hours ago

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  The document you've linked is 93 pages and covers laws all over the world. Can you point to where it explains this provision of US federal law in particular? I would like to see a citation of a specific US statute / regulation / case where this is established.
  
  – Nate Eldredge
  2 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Handy Reference Guide to the Fair Labor Standards Act "Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA."
  
  – David C. Rankin
  2 hours ago
  

  
  
  
  

add a comment | 

9

As described, no.

Paying employees with benefits instead of money is called in kind remuneration. There are various limits on in kind payments around the world, including the US. Very generally, in kind payments are only allowed for particular industries and occupations, only allowed up to a certain dollar value, and only allowed as a certain fraction of the employee's wages. Furthermore, the value of the benefit can't exceed the actual cost to the employer - a meal that's priced at $7.25 on the menu is sold at a profit, and would be worth less than the menu price as in kind remuneration.

So, given the scenario described, a restaurant employer could not replace 100% of their employee's wages with food sold for the same amount. It's too high a percentage of the wage paid as in kind payment, and the menu price equivalent of the wage would not have sufficient in kind value.

A more detailed description of in kind payment laws can be found here.

share|improve this answer

edited 4 hours ago

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  The document you've linked is 93 pages and covers laws all over the world. Can you point to where it explains this provision of US federal law in particular? I would like to see a citation of a specific US statute / regulation / case where this is established.
  
  – Nate Eldredge
  2 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Handy Reference Guide to the Fair Labor Standards Act "Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA."
  
  – David C. Rankin
  2 hours ago
  

  
  
  
  

add a comment | 

As described, no.

Paying employees with benefits instead of money is called in kind remuneration. There are various limits on in kind payments around the world, including the US. Very generally, in kind payments are only allowed for particular industries and occupations, only allowed up to a certain dollar value, and only allowed as a certain fraction of the employee's wages. Furthermore, the value of the benefit can't exceed the actual cost to the employer - a meal that's priced at $7.25 on the menu is sold at a profit, and would be worth less than the menu price as in kind remuneration.

So, given the scenario described, a restaurant employer could not replace 100% of their employee's wages with food sold for the same amount. It's too high a percentage of the wage paid as in kind payment, and the menu price equivalent of the wage would not have sufficient in kind value.

A more detailed description of in kind payment laws can be found here.

share|improve this answer

edited 4 hours ago

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges

share|improve this answer

edited 4 hours ago

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges

answered 4 hours ago

Nuclear WangNuclear Wang

1,65188 silver badges99 bronze badges