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All I can say is that the American idea of paying food servers based on the idea that "they'll get tips" and taxing them on those (possibly nonexistant) tips, is horseshit. That minimum-wage exception needs to be deleted STAT!
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Most food servers working in a halfway decent establishment make quite a bit more than minimum wage. In fact they usually do pretty well because of the tipping system. Servers, bartenders etc usually make a damn decent living if they are good. Theyd probably make alot less if you left it to the employers to pay them and killed the tipping tradition.