You do have to earn at least minimum wage as a waiter if your tips don’t add up with your wage to at least $7.25 hourly, though (higher if your state/locality has a better minimum wage). That said, $7.25 is a poverty wage and wage theft exists. Ideally this would be solved with an appropriate minimum wage and decent pay for waitstaff/kitchen staff.
You do have to earn at least minimum wage as a waiter if your tips don’t add up with your wage to at least $7.25 hourly, though (higher if your state/locality has a better minimum wage). That said, $7.25 is a poverty wage and wage theft exists. Ideally this would be solved with an appropriate minimum wage and decent pay for waitstaff/kitchen staff.