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petitioner’s vice president). Petitioner recruited its bingo,
instant pull-tab ticket, concession, and kitchen workers
(collectively, nonofficer/nonsecurity guard workers) through
informal means such as by word of mouth. All of petitioner’s
nonofficer/nonsecurity guard workers were trained by one of
petitioner’s officers, Diane Whitaker (Whitaker). Whitaker
instructed those workers on how to handle money and how to keep
certain records. Whitaker also scheduled petitioner’s gaming
activities and approved any time off taken by the nonofficer/
nonsecurity guard workers. Whitaker (and/or another one of
petitioner’s officers) informed these workers that they would be
paid in cash for their services and that they were not to discuss
this payment arrangement with anyone.
The services performed in the gaming operation by the
nonofficer/nonsecurity guard workers were demanding, and it was
not easy for those workers to take a day off. Many of those
workers were pressured to work in the bingo games on both
Saturday and Sunday, were required to give advance notice for any
vacation time that they sought, and seldom received time off.
Petitioner required that its nonofficer/nonsecurity guard workers
who worked at the bingo games be at the bingo hall from 4:30 p.m.
until approximately just after 11:30 p.m. As of the latter time,
the workers were then required to accompany Clausing (and/or
Carroll) to a bank where the receipts from that night’s
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