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10. Miscellaneous
Petitioners set forth three additional arguments to support
their claim that they furnish the meals to their employees for a
substantial noncompensatory business reason. First, petitioners
argue, they have security concerns in that most of their
employees have access to significant amounts of cash, chips, or
guests' property as part of their job functions. In this regard,
petitioners contend, they have a substantial noncompensatory
business reason for furnishing these employees with meals on the
premises because allowing them to leave the premises during their
shifts will increase the probability and occurrences of theft.
Petitioners also contend that they are concerned that employees
who leave the premises for meals will not return timely, being
distracted and tempted by the glitter and vices of Las Vegas.
Second, petitioners argue, some of their employees wear uniforms
at work; thus, petitioners have a substantial noncompensatory
business reason for furnishing these employees with meals because
the sight of a uniformed employee at the eating establishment of
a competitor will tarnish the public's perception of the quality
of food served on petitioners' premises. Third, petitioners
argue, some of their employees work the graveyard shift; thus,
petitioners have a substantial noncompensatory business reason
for furnishing these employees with meals mainly because the
climate of the late night does not allow these employees to
receive a suitable meal elsewhere.
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