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In lots of places, they aren't liable, but many people aren't aware of this, and/or aren't in a position to fight it. It's one of those things that vary by state, but in NY, for example, it's definitely illegal.
Restaurants tend to employ younger workers, and often hire undocumented immigrants, so it's easier for them to pull one over on their staff who may not know their rights, or be scared of retaliation if they do try to insist on their rights being respected.