I don't know how resturants pay their waitresses, but in our state they don't even make min. they make about 2.50 more or less an hour. they have to depend on the tips. Plus a few years ago the government added another tax on them. they have to pay the government 8% of what ever the tab is. So if they are only tip 10% of the tab, they don't make any money. I know because I had a part-time job working as a waitress. Also work as a part-time employee at a large retail until I went into management and had to drop the waitressing. Now some of the large places pay a lot better, but they then take the tips and put them in a jar so everyone gets piece of the pie.
The federal minimum wage for people that are tipped
starts at $2.13/hr. as long as the person's tips added to their wage meets the minimum wage for non-tipped workers; however, if a person does not get that much in tips, their employer is supposed to increase their hourly wage accordingly. It is just assumed that they will be tipped, so the government includes the tip along with their hourly wage as the server's total income. Note that that is only the federal minimum wage, although different states have different minimum wages which may be more than the federal limit. For example, I believe that CA doesn't have a separate minimum wage for tipped-workers meaning they'll be paid the same minimum wage as non-tipped workers. Also more and more, restaurants are getting away from tipping in general, paying all of their workers at the same level of employment the same wage. This actually helps increase employee morale as servers won't complain that they were given fewer tables as someone else (and thus made less in tips), and the employees wages will be much more stable instead of being based on the whim of the customer.
Also you were slightly incorrect in saying that the government taxes 8% of the total tab... The government assumes the server will receive (on average) at least 8% of the tab in tips, so 8% of the tab is added to the taxable income of the server; however the taxable income reported is different than the amount taxed since different tax brackets will assess a different percentage of the taxable income as the tax that must be paid. For example, if a person gets $100 in tips and they are in the 15% tax bracket, then they'll only have to pay $15 in taxes. Additionally, since the government will only hold the server responsible for 8% of the tab as what they earn as tips, if the server gets tipped 10%, then the difference (eg 2% of the bill) doesn't have to be reported, so the server gets to keep that money tax free (technically, the server is supposed to report all of their tips as a part of their taxable income, but because the government will only investigate further if the tips reported as income fall below 8%, a server could just report only 8% and be fairly safe from not being audited). Thus in your example when you say that if they get 10%, they don't make any money is completely false; they get their minimum wage plus tips (only some of which are taxed at their appropriate tax bracket). I do know that some restaurants will also withhold a certain percentage of the tab and report those withholdings on the server's W2 at the end of the year so that the server doesn't have to keep track of the tip-income for themselves. Although doing that means that the server will be out that money in the short-term, after completing their taxes, the server should get most of that withholding back (except for what is actually needed to pay their income tax). Finally, the taxable tip-income is only on the amount of the tips that that particular server actually keeps. Thus if the server also gives some of their tips to the busboys, maitre d', etc. they should subtract that amount from the tips that get reported to the IRS.