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Visiting the US soon - do I really have to tip?
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In most states it's legal to pay less than minimum wage (literally around $2 per hour) for workers who get tips.
One issue is that workers generally make more money off tips than if they just got minimum wage. So it's not just employers that are unwilling to change.
It's only legal if their tips exceed the minimum wage. Whether or not the employee would ask for the difference over fear of retaliation is another story