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employee cannot be expected to eat elsewhere in the short period
of time allotted by the employer for a meal.
Petitioners meet neither of these requirements. Varied
eating facilities are located near the Properties, and
petitioners' employees can receive a quick meal at many of these
facilities. Nor does petitioners' business demand that
petitioners limit their employees to a meal period of no more
than 45 minutes; petitioners' peak workload also does not occur
during the normal meal periods. Indeed, petitioners allot many
of their employees a meal period of 60 minutes, and the length of
the meal periods is not consistent among the Properties. Meal
breaks among the Properties range in length from 30 to 60 minutes
for employees in the same job classification,12 and we are unable
to discern the need for an employee at one Property to have a
shorter meal period than a similar employee at another Property.
Insofar as the record discloses, petitioners could lengthen the
work hours of an employee if he or she required a meal period
longer than 45 minutes.13 In the absence of persuasive evidence
supporting petitioners' assertion that the requirements of their
business demand that their employees be limited to a short meal
12 The table shows, for example, that parking attendants
receive 60 minutes at Sam's Town and CHC and 30 to 40 minutes at
Fremont; hotel clerks and phone operators receive 45 minutes at
Stardust and 60 minutes at all other properties; slot
floorpersons receive 60 minutes at Fremont and 30 minutes at
Stardust and Sam's Town (the period at CHC is unknown).
13 We note, however, that 45 minutes was not shown to be
insufficient time to eat a meal under the facts herein.
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