§ 3.5 - Payroll deductions permissible without application to or approval of the Secretary of Labor.

§ 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.

Cross Reference

Link to an amendment published at 88 FR 57730, Aug. 23, 2023.

Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor:

(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes.

(b) Any deduction of sums previously paid to the employee laborer or mechanic as a bona fide prepayment of wages when such prepayment is made without discount or interest. A bona fide prepayment of wages is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds.

(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists.

(d) Any deduction constituting a contribution on behalf of the person laborer or mechanic employed to funds established by the employer contractor or representatives of employeesthe laborers or mechanics, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employeesthe laborers or mechanics, their families and dependents: Provided, however, That the following standards are met:

(1) The deduction is not otherwise prohibited by law;

(2) It is either:

(i) Voluntarily consented to by the employee laborer or mechanic in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, ; or

(ii) provided Provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employeeslaborers or mechanics;

(3) No profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and

(4) The deductions shall must serve the convenience and interest of the employeelaborer or mechanic.

(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee.

(f) Any deduction

requested by the

employee

laborer or mechanic to enable him or her to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes.

(

g

f) Any deduction voluntarily authorized by the

employee

laborer or mechanic for the making of contributions to governmental or quasi-governmental agencies, such as the American Red Cross.

(

h

g) Any deduction voluntarily authorized by the

employee

laborer or mechanic for the making of contributions to

Community Chests, United Givers Funds, and similar

charitable organizations as defined by 26 U.S.C. 501(

i)

c)(3).

(h) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its

employees

laborers or mechanics provides for such deductions and the deductions are not otherwise prohibited by law.

(

j

i) Any deduction not more than for the “reasonable cost” of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and 29 CFR part 531

of this title

. When such a deduction is made the additional records required under

§

29 CFR 516.25(a)

of this title shall

must be kept.

(

k

j) Any deduction for the cost of safety equipment of nominal value purchased by the

employee

laborer or mechanic as

his

their own property for

his

their personal protection in

his

their work, such as safety shoes, safety glasses, safety gloves, and hard hats, if such equipment is not required by law to be furnished by the

employer

contractor, if such deduction

is

does not

violative of

violate the Fair Labor Standards Act or

prohibited by

any other law, if the cost on which the deduction is based does not exceed the actual cost to the

employer

contractor where the equipment is purchased from

him

the contractor and does not include any direct or indirect monetary return to the

employer

contractor where the equipment is purchased from a third person, and if the deduction is either:

(1) Voluntarily consented to by the

employee

laborer or mechanic in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance; or

(2) Provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its

employees

laborers and mechanics.

[29 88 FR 9757730, JanAug. 4, 1964, as amended at 36 FR 9770, May 28, 197123, 2023]