Earlier quoted context omitted.
This is almost certainly going to rarely happen. Almost no server feels empowered enough to insist on this. And restaurant owners will start insisting on collecting and counting cash tips so they can fully account for the wages. No server wants their boss counting their cash tips. At least in Massachusetts, declared tips is self reported.
I used to do accounting for a restaurant and I would disagree with you and say with the move to modern Point Of Sale software restaurants not doing this would be the exception now. We checked this every pay period to make sure servers were at or over the proper hourly wage because it is illegal to pay them less. Florida based for reference, tips are self reported here too but our POS system would automatically transf…
I've waitressed before and when I was a little short of minimum wage several times due to us being a slow/cheap restaurant the management just said "Some weeks you make more some you make less" and didn't try to correct it. I couldn't risk loosing my job. Sure, if they fired me for reporting them they'd be in trouble, but how long would it take for me to get justice and force them to pay? I wouldn't be able to eat while I waited for some kind of justice to be doled out.