I was a waiter for years. I personally never made under min, but I knew people who did. They got paid. I also got paid every cent of every cc tip. What are you basing this on?
Sure, and murder is still a thing even though we have laws against it. All laws are broken by some people, but the matter at hand isn't "does this ever happen?", it's "does this happen so often as to constitute a massive and consistent pattern of wage theft?"