Inspired by this Pit thread I got to wondering about gifts, and I had thought up this other question a few days ago upon getting a Swiss Colony catalog, so here goes.
Are tips given to servers legally considered compensation or gifts for purposes of gift law? I would think compensation since the IRS requires them to be reported as income and minimum wages are set at different levels depending on whether the profession is one whose practitioners are traditionally tipped, but what the SD?
Say I give someone a gift of food, which they consume. Under laws relating to gifts I have a certain amount of time to request the gift back (which varies from one jurisdiction to the next). Since presumably I would not be able to get the literal food back (this would be the gross question) would I be able to demand back its equivalent either in a similar/identical food item or in cash?