- 62 - Hotel: Bell Captain, Bell Person, Custodian I, Custodian II, Guest Room Attendant, Lead Custodian, Linen Room Attendant, Status Board Operator Stardust Casino: Booth Cashier, Carousel Attendant, Change Attendant Food & Beverage: Barback, Cocktail Server Hotel: Alteration Attendant, Bell Captain, Bell Person, Custodian I, Custodian II, Guest Room Attendant, Linen Room Attendant, Linen Room Supervisor, Status Board Operator The first meals are outside the reach of section 119. These meals are not necessary to allow these employees to perform their jobs properly.9 The regulations extend section 119 to a case where a meal is eaten "immediately before" or "immediately after" the start of a shift if the employee's duties prevent him or her from eating the meal during working hours. See sec. 1.119- 1(a)(2)(i) and (ii)(f), Income Tax Regs. In other cases, except those that apply to food service employees, a meal eaten before the start of a shift ordinarily does not qualify for exclusion under section 119. Thus, despite the careful wording in the culinary workers' agreement that the meals are "For the convenience of the employer", wording which we decline to accept as dispositive, we conclude that the first meals are provided purely as compensation and not for the convenience of the 9 Although most of these employees are covered by the culinary workers' agreement, none of these employees is a "restaurant employee or other food service employee" within the meaning of sec. 1.119-1(a)(2)(ii)(d), Income Tax Regs. See infra pp. 73-74, for our discussion on the inapplicability of this language to the barbacks and cocktail servers.Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011