Otis L. Pimpleton and Tabitha Pimpleton - Page 5

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              The Las Vegas Hilton did not mandate that petitioner be                 
         tipped a specified percentage but left the matter to each guest’s            
         discretion.  Guests who paid by credit card would almost                     
         invariably add gratuity to the check rather than tip in cash.                
         The relatively few guests who paid in cash would also tip in                 
         cash.                                                                        
              Petitioner almost always received a tip, except from those              
         guests who were not familiar with the custom of tipping.                     
         Hospitality Function                                                         
              When engaged in the hospitality function, petitioner would              
         be responsible for serving breakfast parties or brunches to                  
         organized groups of people.  In contrast to the room service                 
         function, the Las Vegas Hilton would include a gratuity on the               
         check for the hospitality function.3                                         
              When engaged in the hospitality function, petitioner’s work             
         day might extend into the early afternoon.                                   
         “Tip-Outs”                                                                   
              Petitioner did not pool or share his tips with other Las                
         Vegas Hilton employees.  However, he did pay his bussers,                    
         consistent with local custom, a flat amount of $4 for each day               
         that he worked.                                                              



               3  The record does not reveal the percentage tip rate used             
          by the Las Vegas Hilton for the hospitality function.                       





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Last modified: May 25, 2011