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- FLSA Section 14(c) Advisor

The Use of Personal Time, Fatigue and Delay (PF&D) Allowances When Determining Hourly Commensurate Wage Rates Under FLSA Section 14(c)

A PF&D allowance does not have to be included when determining hourly commensurate wage rates because hourly workers must be paid for the short breaks and downtime which a PF&D allowance is designed to cover.

However, evaluations of workers paid on an hourly basis should not be conducted if the worker is “fatigued or subject to conditions that may result in less than normal productivity.” The employer may choose to include a PF&D allowance if the worker cannot be evaluated when he or she is not fatigued or when work conditions are not optimal, or because the employer wishes to pay workers with disabilities wages that exceed the applicable commensurate wage rate.

A PF&D allowance is required by Regulations 29 CFR Part 525 only when calculating piece rates.

For more information on PF&D, please read Fact Sheet No. 39D, Incorporating Personal Time, Fatigue and Delay (PF&D) Allowances When Determining Piece Rates to be Paid Workers with Disabilities Receiving Special Minimum Wages under Section 14(c) of the Fair Labor Standards Act (FLSA).

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FLSA Section 14(c) Advisor | Wage and Hour Division