# 20 C.F.R. § 655.1314 (2026): Setting meal charges; petition for higher meal charges

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1314

## Section

- **Citation:** 20 C.F.R. § 655.1314 (2026)
- **Heading:** Setting meal charges; petition for higher meal charges
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter V: EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR / Part 655: TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES / Subpart N: Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers) / § 655.1314: § 655.1314   Setting meal charges › petition for higher meal charges.

## Text

(a)
Meal charges.
Until a new amount is set under this paragraph an employer may charge workers up to $9.90 for providing them with three meals per day. The maximum charge allowed by this paragraph (a) will be changed annually by the same percentage as the 12 month percentage 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 will be effective on the date of their publication by the Administrator, OFLC, as a Notice in the
Federal Register.
When a charge or deduction for the cost of meals would bring the employee's wage below the minimum wage set by the FLSA at 29 U.S.C. 206 (FLSA), the charge or deduction must meet the requirements of 29 U.S.C. 203(m) of the FLSA, including the recordkeeping requirements found at 29 CFR 516.27.
(b)
Filing petitions for higher meal charges.
The employer may file a petition with the CO to charge more than the applicable amount for meal charges if the employer justifies the charges and submits to the CO the documentation required by paragraph (b)(1) of this section.
(1)
Required documentation.
Documentation submitted must 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 that have a direct relation to food service operations, such as wages of cooks and dining hall 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 must be retained and must be available for inspection by the CO for a period of 1 year.
ervisors; 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 must be retained and must be available for inspection by the CO for a period of 1 year.
(2)
Effective date for higher charge.
The employer may begin charging the higher rate upon receipt of a favorable decision from the CO unless the CO sets a later effective date in the decision.
(c)
Appeal.
In the event the employer's petition for a higher meal charge is denied in whole or in part, the employer may appeal the denial. Appeals will be filed with the Chief Administrative Law Judge. ALJ's will hear such appeals according to the procedures in 29 CFR part 18, except that the appeal will not be considered as a complaint to which an answer is required. The decision of the ALJ is the final decision of the Secretary.

## Nearby sections

- [20 C.F.R. § 655.1290 (2026) § 655.1290   Purpose and scope of subpart B.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1290.md)
- [20 C.F.R. § 655.1292 (2026) § 655.1292   Authority of ETA-OFLC.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1292.md)
- [20 C.F.R. § 655.1293 (2026) § 655.1293   Special procedures.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1293.md)
- [20 C.F.R. § 655.1300 (2026) § 655.1300   Overview of subpart B and definition of terms.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1300.md)
- [20 C.F.R. § 655.1301 (2026) § 655.1301   Applications for temporary employment certification in agriculture.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1301.md)
- [20 C.F.R. § 655.1302 (2026) § 655.1302   Required pre-filing activity.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1302.md)
- [20 C.F.R. § 655.1303 (2026) § 655.1303   Advertising requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1303.md)
- [20 C.F.R. § 655.1304 (2026) § 655.1304   Contents of job offers.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1304.md)
- [20 C.F.R. § 655.1305 (2026) § 655.1305   Assurances and obligations of H-2A employers.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1305.md)
- [20 C.F.R. § 655.1306 (2026) § 655.1306   Assurances and obligations of H-2A Labor Contractors.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1306.md)
- [20 C.F.R. § 655.1307 (2026) § 655.1307   Processing of applications.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1307.md)
- [20 C.F.R. § 655.1308 (2026) § 655.1308   Offered wage rate.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1308.md)
- [20 C.F.R. § 655.1309 (2026) § 655.1309   Labor certification determinations.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1309.md)
- [20 C.F.R. § 655.1310 (2026) § 655.1310   Validity and scope of temporary labor certifications.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1310.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1314. Check the current official text before relying on it. Not legal advice.
