[meestaahjoshee]

If you make less than minimum wage because you're not getting enough tips, your employer is legally supposed to pay you the difference so that you would still make the minimum. Whether places actually abide by those laws is a different story I imagine.

[redblacktree]

While this is true, waiters, particularly in higher-end establishments tend to make much more than minimum. It's small comfort that your manager has to create a floor if you're used to $15/hr and due to some bad tippers you end up at $10/hr for the night.