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petitioner's customers charged their food, and the remaining 80
percent of her customers paid cash for their food. The customers
who charged food generally put an amount for a tip on the charge
slip, but the restaurant would give the amount of such tips to
petitioner in cash before she left for the day. During the years
1991 and 1992, petitioner kept a record of her tips in a
notebook. Petitioner would place in her pocket the cash tips she
received and the cash she received from tips that were charged.
Before she left the restaurant, she generally gave a portion of
her tips to the busboys, the bartenders, sometimes the cooks,
and, if she had been unusually busy, other waitresses from whom
she had received help. Although the amounts she gave varied, she
always gave a portion of her tips to these employees, except on
the rare occasions when she had a very slow night and received
minimal tips. Occasionally she would have a misorder of food or
would break some dishes. When this happened, petitioner would be
required to pay the restaurant the amount of the misordered food
or the value of the items broken. Petitioner was a good waitress
and did not often misorder food or break plates.
Occasionally, one of petitioner's customers would walk out
without paying for the food he had been served, and petitioner
was required to pay the restaurant the amount due by the
customer.
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Last modified: May 25, 2011