---
kind: "section"
citation: "24 C.F.R. § 964.340"
title: "24"
number: "964.340"
heading: "Resident compensation."
url: "https://uscodex.org/cfr/24/964.340"
---

# §964.340. Resident compensation.


Residents employed to provide services or renovation or conversion work funded under this program shall be paid at a rate not less than the highest of:

- (a) The minimum wage that would be applicable to the employees under the Fair Labor Standards Act of 1938 (FLSA), if [section 6(a)(1)](/cfr/24/6.md?p=a-1) of the FLSA applied to the resident and if the resident were not exempt under [section 13](/cfr/24/13.md) of the FLSA;
- (b) The State or local minimum wage for the most nearly comparable covered employment; or
- (c) **The prevailing rate of pay for persons employed in similar public occupations by the same employer.**

## Notes

### Authority

Authority: 42 U.S.C. 1437d, 1437g, 1437r, 3535(d).

### Source

Source: 59 FR 43636, Aug. 24, 1994, unless otherwise noted.