> (3) The restaurant does not adjust wages after tips have been received
In many cases they do. If you receive zero tips for a shift, they are obligated to pay out minimum wage. If you receive $200 in tips for a shift, they pay out a lower figure, usually around $2.
A tipped employee must receive at least the tipped minimum wage before considering tips, and the normal minimum wage after considering tips. The only adjustment an employer is allowed to make is to increase an employee's base wage if the base wage + tips is less than the normal minimum wage. In no case can the base wage be less than the tipped minimum wage.
The people delivering here are "contractors", not employees, so this doesn't actually apply to them; what Instacart is doing here is merely reprehensible, as opposed to illegal.
For many years, we've been in the habit of leaving restaurant tips in cash, because of various reports that restaurant managers would basically take card fees out of the tip. I recall hearing more recently that there has been some effort to crack down on that practice, but still, old habits.
(1) Tips are expected in the restaurant industry
(2) Waitstaff knows what they're signing up for
(3) The restaurant does not adjust wages after tips have been received