It’s a terrible custom in most ways but I don’t think you got a good explanation.
everyone knows its a ploy to make the servers work harder and obfuscate true costs of the meal.
After all, waiters could just refuse this system and they would get a normal salary like they do in Europe.
This said, it is such a global thing in the US (specifically for waiters) that I do not understand why there isn't more pushback if this is a problem for everyone (except the restaurant owners)
FWIW there are more and more restaurants in the US (especially high-end ones) that have gotten rid of tipping but this is a labor-friendly decision made by management and puts the restaurant at a menu-price disadvantage to its competitors.
Is there a legal anchor to this? I was under the impression that "minimum wage" is a salary they must be paid or otherwise it is illegal to employ someone (at least this is how the minimum wage works in France)
So if you earn $5/hr and minimum wage is $10/hr, you are guaranteed $10/hr but if you are receiving tips then the remaining $5 comes from your tips. If you do not, the remaining $5 comes from your employer.
However, a lot of tipped workers earn well over the minimum wage when you include tips. So if the proposal is: "let's get rid of tips and then you can get minimum wage," that's obviously not desirable. What would be more palatable is getting rid of tips and raising the minimum wage closer to what they earn with tips, which is really more a problem with the abysmal minimum wage than it is with tipping per se.
We have a minimum wage of 10 USD/hour in France (net, after the zillion of taxes) but the actual minimum is based on a collective bargain that exists in some families of employment (including waiters). The average net salary for a waiter is 1700 USD/month (this includes retirement, social security, unemployment etc.) - not sure how this compares with the US (if there is a way to compare at all, taken how vastly different the systems are)