Federal Wage Hour said:
The FLSA requires $2.13 and a tip credit of up to $5.12 per hour, assuming the worker gets that much.
Overtime is $8.25 * 1.5 = $12.38
$12.38 minus $5.12 means they must pay $7.26 per hour. A restaurant paying $4.13 for Overtime will be in violation of the FLSA.