§21-5C-4. Credits.
In determining whether an employer is paying an employee
wages and overtime compensation as provided in sections two and
three of this article, there shall be provided in accordance with
the regulations which shall be promulgated by the commissioner a
credit to the employer of twenty percent of the hourly rate of
the amount paid an employee customarily receiving gratuities, and
a reasonable credit for board and lodging furnished to an
employee. The commissioner shall promulgate regulations relating
to maximum allowances to employers for room and board furnished
to employees: Provided, That the employer shall be required to
furnish to the commissioner upon request, documentary evidence
that the employee is receiving at least twenty percent of the
minimum wage in gratuities or is receiving room and lodging in
accordance with the rules and regulations promulgated by the
commissioner.