MARVIN, Judge.
In this action under the penalty wage statute, LRS 23:631, the defendant-employer, Sambo's, appeals a judgment in favor of the plaintiff employee for 90 days wages, interest, and attorney fees. We agree with the defendant's contention that the trial court erred in not allowing the defendant to introduce evidence and amend its pleadings about plaintiff's taking tips that belonged to other employees after plaintiff was cross examined without objection...
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