- 59 - employee's duties to be excludable under section 119. See Caratan v. Commissioner, supra at 609. We believe that certain factors are helpful in determining whether an employer provides a free meal to an employee for a substantial noncompensatory business reason of the employer. The presence of a substantial noncompensatory business reason establishes that a meal is provided for the convenience of the employer and makes unimportant whether the employer also provides the meal to the employee as a source of additional compensation. We use the following factors to aid us in our analysis: (1) Whether the employer furnishes a meal to an employee before, during, or after the employee's work period, (2) whether the employer requires an employee to live on the employer's business premises as a condition of employment, (3) whether the employer furnishes a meal to an employee during the employee's working hours so that he or she is available to respond to emergencies of the employer that arise during the meal period, (4) whether the employer furnishes a meal to an employee during the employee's working hours because the employer's business demands that the employee's meal period be short and the employee cannot be expected to eat elsewhere in such a short period of time, (5) whether the employer furnishes a meal to an employee during the employee's working hours because the employee cannot otherwise secure a proper meal within a reasonable meal period, (6) whether the employer furnishes a meal to a food servicePage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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