Waiters not getting paid would mean waiters not going to work. If they don't work, the restaurant can't open and the capital behind it starts earning less (because it won't open to sell food). Sure, in the short term, it will harm the workers, but in the long term, no restaurant can stay open without workers.
No, the wait staff making less than minimum wage are who would be harmed. Capital doesn't give a rats ass as long as they aren't paying.
Waiters not getting paid would mean waiters not going to work. If they don't work, the restaurant can't open and the capital behind it starts earning less (because it won't open to sell food). Sure, in the short term, it will harm the workers, but in the long term, no restaurant can stay open without workers.