Not quite sure what you mean. Therefore I'll post the following the demonstrates the minimum wage for tipped employees is done per pay period, not shift (BTW Paychex is one of the largest US payroll companies):
- See more at:
http://www.paychex.com/articles/payroll-taxes/fica-tip-credit-calculate-savings#sthash.8KoCKdHf.dpuf
What difference does it make?
My employer could calculate my pay at $7.25 an hour and pay me $290 at the end of the week or they could calculate the first 39 hrs at 0 and the 40th hour at $290; it's all still the same per pay period.
To calculate it your way will surely result in wait staff making more in minimum wages than anybody else, particularly those that work both 'slow' and 'good' shifts. Depending upon the mix of good and slow shifts everybody's "minimum wage" would be different. I don't see how that makes any sense.
I know of no software that does that, and given the national payroll firm's info above none should.
After decades in accounting my personal experience is that if a restaurant/bar employee can figure out a way to cheat/steal they will. Or, to put it another way - there's nothing they haven't thought of or tried. Clever MoFo's really.
As to not reporting any of your tips (and I've seen this tried before) there is an old saying:
Bulls make money, bears make money, pigs get slaughtered. Not reporting any of your tips will get your azz fired in a hurry.
Based upon what I've seen I think it's pretty standard for new wait staff to be (unofficially) taught to declare enough tips to meet min wage, maybe a tad more. I'm sure some declare all tips, but I think many don't. Frankly, I don't think employers care as long as they report enough to meet minimum wage. The only times I've seen under reporting of tips become a problem is when a tip pooling scheme is used. if that's the case the bus boys, bar backs and cooks will raise h3ll.
Fern