I don't care what the US government thinks or expects in this area. If these "independent contractors" don't like the rules or the wages then it is time to move on to a better job more in line with their capabilities and expectations.

I would be happy to see all tipping banned by law, and a livable wage paid to those workers instead. Not all waiters make $2.13 an hour. I believe in California they are still subject to the CA minimum wage law, which is higher than the Federal minimum wage.