Reply to Wow. No discussion about the death of the AP program here?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I don't understand how the MA case dictates what can be deducted/credited for room and board when the cost of living varies so much throughout the state.  Clearly, room and board is much more expensive if one lives in the city of Boston rather than in the suburbs.

These Department of Labor FAQs are helpful.  Wouldn't DOL rules/guidance on this trump the state/circuit?

https://www.dol.gov/agencies/whd/direct-care/credit-wages/faq#13

[/quote]

No, the ruling is very specific about what can be deducted and what can’t.[/quote]

Actually it’s not clear at all - they were discussing historic deduction rates when it was assumed that state minimum wage laws didn’t apply (e.g., historically they didn’t have different locality pairs or deduction rates for room and board because it was administratively easier), it’s not clear whether the historic deduction rates still apply with these new state minimum wage and overtime rules apply. Similarly the agreement is silent on additional withholdings (auto, phone, gym, etc.) and seems to impose HFs with duty of state withholding.[/quote]

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