If tips were simply a gift then waiters and waitresses would not receive a lower wage because part of their income is tips. Tips are normally not just a gift. “TIPS” stands for “To Insure Prompt Service”. They are actually part of the wage paid by the consumer directly that is based on the quality of service provided. If you want to give a Gift then you better find a way to do that is not in relation to your bill.
The restaurants may have convinced the government that they should have a lower minimum wage but that does not change the fact that tips are gifts. Government is stupid that way. They believe a lot of things that just are not so.
They are actually part of the wage paid by the consumer
No.
You are saying that the customer is the employer and they are not. The "wage paid by the customer" is called "the bill" and it is paid to the business who then pays the employee.
My gift has nothing to do with my bill.
A tip is a free gift and in no way an obligation or even part of the bill. Now there are things called "service charges" those are part of the bill and you must pay them. They also do not go directly to the staff but to the business who doles it out according to the rules laid down.
But tips are gifts and tips have always been gifts and gifts under a certain amount are not taxable under the current US Tax Code. I have no idea why people are having hysterics over that simple fact.
Maybe it is because the gifts are to "poor people". They certainly have no problem with it any other time.