Opinion

Brown v. Sambo's of Louisiana, Inc.

  • 403 So. 2d 813
  • 1981 La. App. LEXIS 5140
Court
Louisiana Court of Appeal
Filed
Aug 25, 1981
Status
Published
Author
Hall
On the bench
Hall, Marvin, Price
Cited by
3 cases

The opinion

HALL, Judge,

concurring.

On direct examination plaintiff testified her pay was to be the minimum wage of $3.10 per hour, offset by uniform cost, meals, and tips. She testified she received no tips on the day she worked. She was cross-examined, without objection, on the amount of tips she received, both on tables she worked and other tables.

Defendant was entitled to offer evidence as to the terms of plaintiff’s employment, the manner in which tips were to be handled, and the amount of tips received by plaintiff, as a matter of determining whether any wages were due to the plaintiff under the terms of employment. When plaintiff offered evidence concerning the manner in which she was to be paid, which varied from the terms of employment pleaded by both parties, the pleadings were automatically enlarged under LSA—C.C.P. Art. 1154 and the trial court erred in prohibiting the defendant from offering evidence as to the amount of tips collected by plaintiff.

I concur in the remand.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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