You know what happens if the tips don't make up the rest right? Your employer pays it,

Legally, they're supposed to, but that never actually happens. Even if the employee knows they should get it and is willing to push the issue, they just get immediately fired.

They could then sue for backpay, but the most that will happen is the employer is forced to pay exactly the amount owed and the lawyer gets a big chunk of that for their fees. Nothing else happens to the employer. That's the best case scenario.