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Court holds that employees who must carry radio at meal time were not "working"

In Ruffin v. Motor City Casino, the Sixth Circuit interpreted Department of Labor regulations against the plaintiff employees, who claimed that they should be paid for their one-half hour lunch.  The employees argued that pursuant to Fair Labor Standards Act regulations, since they were required to carry a radio and to respond to emergencies, their half-hour lunch breaks were actually "work."  The Court rejected this argument and under the "totality of circumstances," upheld the Casino's refusal to pay the employees during their lunch break, as the employees were not subject to a "substantial" duty.

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