[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.111]

[Page 495]
 
                      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 
 
    Subpart B_Labor Certification Process for Temporary Agricultural 
 
Sec.  655.111  Petition for higher meal charges.

    (a) Filing petitions. Until a new amount is set pursuant to this 
paragraph (a), the OFLC Administrator 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 OFLC Administrator 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 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 OFLC 
Administrator 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 OFLC Administrator'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 
OFLC Administrator for a period of one year.