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HERMAN v. COLLIS FOODS, INC.

No. 97-6461.

176 F.3d 912 (1999)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. COLLIS FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1999.

Attorney(s) appearing for the Case

Paul Frieden (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, D.C., Theresa Ball, U.S. Department of Labor, Office of the Solicitor, Nashville, TN, for Plaintiff-Appellant.

John C. Duffy, Watson, Hollow & Reeves, Knoxville, TN, Alexander E. Wilson, III (argued and briefed), R. Lindsay Marshall (briefed), Alston & Bird, Atlanta, GA, for Defendant-Appellee.

Before: KEITH, SUHRHEINRICH, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

The Secretary of Labor appeals the district court's determination that Collis Foods's meal-credit plan, under which a uniform amount is deducted from each employee's cash wages in exchange for meals, does not violate the minimum-wage provision of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the "FLSA"). For the reasons set forth below, we AFFIRM the decision of the district court.

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