Re: Minimum wage actually means $0 in the US
Sorry, but I see no justification where anyone, ever (short of volunteer or charity work) can legally be 'employed' by someone who gets away without needing to pay them. This is true regardless of if they take tips into account or not.
Indeed, the problem is compounded when you consider that many establishments pool the gratuities, and distribute them evenly between staff members, including those who do earn a decent wage and were not given those gratuities for the good customer facing service... which is generally what a customer tips for.
The fact you're even now STILL trying to justify the policy, or differentiate the effects of it between shifts, frankly, speaks volumes. One restaurant owner in New York changing their own policy is great for the underpaid staff in that restaurant. All thats needed is the rest of the nation to follow suit. If only there was a way to enforce a decent wage for all, maybe some kind of minimum wage law... or something.
And I might point out this isn't just about waiting staff, but pretty much anyone in the service industry.
Also, if you feel embarrassed by not giving tips to staff, then tip them. Sure, they'd appreciate it, but the point is you don't need to just to fulfill the minimum wage criteria the employer has to abide by. Because the food itself is a bit more expensive, you can rest your weary conscience in the knowledge that the tip is (for practical purposes anyway) included in the meal.
If this isn't to your liking, you could speak to the manager of the establishment, and offer to pay less than the advertised price and tip the staff the difference. Mind the door doesn't hit your arse on the way out though, because that's right where someone will be aiming for with their boot while escorting you out.