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shift, or the hours per day worked by each or any of the
employees.3
Meal breaks range in length from 30 to 60 minutes, and the
length of an employee's break depends primarily on the Property
where he or she works, as well as his or her job classification.
Each department decides how its employees will take their breaks,
and petitioners stagger the employees' breaks (and shifts) so
that enough employees are working at all times. Some employees
are cross-trained to fill in for employees who are on a break or
otherwise to provide extra help when needed. Petitioners
generally require that employees stay on the premises during
their shifts (including breaks), and, under petitioners' policy,
an employee who leaves during his or her shift, without
authorization, is subject to disciplinary action up to and
including dismissal. No employee was disciplined during the
subject years for leaving the premises during a break. It is
petitioners' stated policy that they may call an employee back to
his or her job from a break in case of necessity. Petitioners do
not typically do so. Typically, in case of necessity, an
employee will postpone his or her break and take the break when
the necessity subsides. Petitioners keep no records on the
employees who have been called back to work from a break.
3 The record discloses only that a majority of the
custodians at the Stardust work an 8-hour shift beginning at
either 12 a.m. or 1 a.m., and that a majority of the guest room
attendants at the Stardust work during the day.
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