You know, I gotta check, but I BELIEVE, IF the owner is not paying minimum wage because it is a tip position.....and the employee does NOT make at least minimum wage, they are legally obligated to make up the difference..... I not sure because so few tipped position don't pay well. The servers that I know, the best ones, make a grand a week....in about 30 hours. Delivery guys make way less, but still, the vast majority make over 12 bucks.........if they are making less then minimum they either stink, theres not enough delivery business, or the store has too many drivers.....but i highly doubt the last scenerio.
Sounds like the owner, in this case, refused to make up the difference.