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Petitioner would take the amounts she paid busboys,
bartenders, cooks, and other waitresses, and any amount she had
to pay for misordered food, breakage, or unpaid orders from the
cash in her pocket from tips to make the payments before she left
the restaurant for the evening.
Busboys who served a station in which petitioner worked in
Angelo's would stand, when not busy, at a place in the restaurant
where they could see all the tables petitioner served and would
attempt to remove used dishes promptly. Most waitresses at
Angelo's, as did petitioner, regularly shared their tips with
busboys, bartenders, and cooks. However, because a few
waitresses did not regularly follow this practice, in 1996
Angelo's put in a requirement that each waitress turn over to the
manager each evening before she left $3 of her tips to be divided
among the employees. After this practice was put into effect,
petitioner, as did a number of other waitresses, would give an
amount to these employees in addition to the $3.
Angelo's was a family restaurant. Occasionally, a group of
10 to 15 persons would come in as a party and be seated at
separate tables, but the entire check would be paid by one
person. On such occasions, if different waitresses served the
different tables, the waitresses would split the tip.
Although petitioner "paid out" different amounts to the
busboys, bartenders, and cooks, depending on how much she had
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