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DAVIS BROS., INC. v. DONOVAN

No. 81-7775.

700 F.2d 1368 (1983)

DAVIS BROTHERS, INCORPORATED, a Georgia Corporation, Plaintiff-Appellant, v. Raymond J. DONOVAN, Secretary of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 2, 1983.

Attorney(s) appearing for the Case

Branch & Swann, John D. Marshall, Atlanta, Ga., for plaintiff-appellant.

Stephen A. Nauheim, Richard A. Hibey, Washington, D.C., for amicus curiae National Restaurant Assn.

Power & McDonald, Thomas W. Power, Robert D. McDonald, Washington, D.C., for amicus curiae Foodservice & Lodging Institute.

Mary Helen Mautner, Gregory O'Duden, U.S. Dept. of Labor, Washington, D.C., for defendants-appellees.

Before RONEY and CLARK, Circuit Judges, and TUTTLE, Senior Judge.

Rehearing and Rehearing En Banc Denied June 2, 1983.

RONEY, Circuit Judge:

In meeting the requirements of the minimum wage prescribed by the Fair Labor Standards Act, the appellant restaurant and motel chain claims credit for meals furnished to its employees. Since the employees must take the meals, and are given no option to take cash, the Secretary of Labor disallowed the credit. The district court by declaratory judgment upheld the Secretary. We reverse...

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