The problem is that D’Anconia is right. Federal law requires that, one way or another, all workers, including tipped workers, be paid at least the federal minimum wage.
Does this always happen? Of course not. There are always people who are willing to break the law, and that group includes employers who try to get around the minimum wage laws. The first time i learned about employers doing this was all the way back in 2001, just after i moved to the US, when i read Barbara Ehrenreich’s excellent book, Nickel and Dimed: On (Not) Getting By in America. In the book, Ehrenreich discusses the fact that tipped workers are allowed by federal law to be paid $2.13 an hour, as long as their employer brings them up to full minimum wage if they don’t get enough tips. She also notes, however, that many employees are not aware of this rule, and so some employers take advantage of it, and fail to meet their obligations.
But the fact that some people break the law doesn’t mean that the law doesn’t exist. Arguing that D’Anconia is wrong here is like arguing that robbery or sexual assault are allowed in America, just because some people ignore the laws against robbery and sexual assault.
For example, i think that Stranger On A Train’s argument here is misguided:
First, you need to replace the word “ostensibly” with “legally.” There’s nothing hidden or misleading about the law itself. Employers are absolutely required, by federal law, to ensure that their employees, including tipped employees, receive at least the federal minimum wage for the work they do. And if tipped employees are paid $2.13 per hour, and their tips do not bring them up to $7.25, the employer is absolutely required to make up the difference.
I also take issue with the “no enforcement” claim. It is true that violations of this law probably often go unenforced because, as Ehrenreich notes, many employees do not even know that the law exists, and that they’re being stiffed. But this doesn’t mean that there’s no enforcement. I guarantee that if you know of an instance where this sort of underpayment by employers is occurring, and you gather evidence that it’s occurring and get employees to make a complaint, the Department of Labor will take your claim seriously, and will investigate.