[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.111]

[Page 505-506]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 655_TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table 
of Contents
 
    Subpart B_Labor Certification Process for Temporary Agricultural 
             Employment in the United States (H-2A Workers)
 
Sec. 655.111  Petition for higher meal charges.

    (a) Filing petitions. Until a new amount is set pursuant to this 
paragraph (a), the RA may permit an employer to charge workers up to 
$6.58 for providing them with three meals per day, if the employer 
justifies the charge and submits to the RA the documentation required by 
paragraph (b) of this section. In the event the employer's petition for 
a higher meal charge is denied in whole or in part, the employer may 
appeal such denial. Such appeals shall be filed with the

[[Page 506]]

Chief Administrative Law Judge. Administrative law judges shall hear 
such appeals according to the procedures in 29 CFR part 18, except that 
the appeal shall not be considered as a complaint to which an answer is 
required. The decision of the administrative law judge shall be the 
final decision of the Secretary. Each year the maximum charge allowed by 
this paragraph (a) will be changed by the same percentage as the twelve-
month percent change for the Consumer Price Index for all Urban 
Consumers for Food between December of the year just concluded and 
December of the year prior to that. The annual adjustments shall be 
effective on the date of their publication by the Director as a notice 
in the Federal Register. However, an employer may not impose such a 
charge on a worker prior to the effective date contained in the RA's 
written confirmation of the amount to be charged.
    (b) Required documentation. Documentation submitted shall include 
the cost of goods and services directly related to the preparation and 
serving of meals, the number of workers fed, the number of meals served 
and the number of days meals were provided. The cost of the following 
items may be included: Food; kitchen supplies other than food, such as 
lunch bags and soap; labor costs which have a direct relation to food 
service operations, such as wages of cooks and restaurant supervisors; 
fuel, water, electricity, and other utilities used for the food service 
operation; and other costs directly related to the food service 
operation. Charges for transportation, depreciation, overhead and 
similar charges may not be included. Receipts and other cost records for 
a representative pay period shall be available for inspection by the RA 
for a period of one year.