This is perfectly legal, unfortunately, so long as between your hourly wages and tips for the work week, you make a total amount equal to or greater than what minimum wage would be for the number of hours you worked. (Note: if you worked more than 40 hours in the week, you must also receive overtime for hours worked past 40.) So long as the employer complies with wage and hour laws, they may send the more expensive staff home and have the less-expensive staff do the work.If you are not receiving, between tips and wages, and amount equal to at least minimum wage for the hours worked (plus overtime, if and as applicable), the wage and hours laws (e.g. the Fair Labor Standards Act, or FLSA) are being violated and you and your fellow serviers may have a cause of action or claim. Currently, federal minimum wage is $7.25 per hour.