There’s no such thing as a free lunch, especially when it comes to employment law. Bill Pokorny of Franczek Radelet takes on the issue in this recent blog post. “The [Fair Labor Standards Act] does allow employers to count the reasonable cost of meals furnished to an employee as part of the employee’s wages for purposes of complying with the FLSA’s minimum wage requirements,” he explains. But, and it’s a big one, the employer is only allowed to deduct its cost for making the meal, not the retail value.
“To take credit for the cost of a meal ‘furnished to an employee,’ not only must the employee receive the benefits of the facility for which he is charged, but it is essential that his acceptance … be voluntary and uncoerced,” says Pokorny. So, if Bob the Builder packs his own lunch and doesn’t want the “free one” offered that day, he can’t be charged for it.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
