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I'm not entirely sure if I understood your first paragraph, but it seems like you might have overlooked this quote from the page I linked:

> If an employee's tips combined with the employer's direct wages [...] do not equal the Federal minimum hourly wage, the employer must make up the difference.

In other words, the employer always needs to pay federal hourly minimum age. Paying a waiter less than minimum wage would be breaking the law regardless of what tips they get.

> tipped employees are actually paid less by their employers than regular minimum wage in the vast majority of cases

Edit: OK, I think I understand what you mean. I agree that because most waitstaff receive tips, the amount their employers pay can be less than minimum wage. However the amount that the waitstaff receive is always at least minimum wage.




In some parts of the US following labor laws is less prevalent than others. In many places the employer will simply ignore the law knowing they will face no consequences. Please see the south.




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