No, it just needs to not treat workers that might receive tips differently: they should have he same minimum wages as other workers and tips should not count as compensation by the employer satisfying minimum wage mandates.
Private employers might then wish to prohibit employees accepting tips (since it no longer benefits the employer as it does now for the worker to be classes as “tipped”), for similar reasons to those for which public employers already do.
EDIT: And we need better enforcement (and possibly slight changes to the basic rules) against mischaracterization of employees as contractors, which is most of the problem in this case.