It ' s also why the law is useless and never enforced , except when a restaurant is in its death throes and there ' s not enough business . This means that income can be unpredictable and unfair for waiters . You can provide world class service and make very little just by encountering a series of assholes or cheapskates . Shared tip pools alleviate the issue somewhat but they have their own drawbacks eg one waiter might bust their ass serving the biggest table of the night which racks up a huge bill and leaves a huge tip , and then they have to see that sweet tip split up . The fairest solution is a reasonable flat wage . But neither restaurant owners who would have to pay significantly more employee salary nor many employees who don ' t like the unpredictability but love the nights they clear $ 200 or $ 300 in a shift see that as an ideal move . Existing standards just make the transition difficult .