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It's not exactly a highly technically skilled job, and arguably doesn't deserve to be compensated at the same level as, say, a neurosurgeon.

However, I think you're really asking "why can employers pay waitstaff less than minimum wage?"

The answer is that employers are allowed to consider tips as part of the total compensation package for waitstaff. So if the waiter could reasonably expect to receive, say, $5 per hour in tips, then the restaurant can pay him only $3 per hour in salary and still have his total compensation above minimum wage. (If the waiter actually receives less in tips than the amount required to bring him above minimum wage, I believe the employer must make up the difference. And that waiter will be looking for a new job soon.)

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