They pay you every two weeks. From a human rights point of view, it doesn't matter the tiniest bit whether a workday is 8 hours at $12 plus .75 hours at $0, or 8.75 hours at $11. So there is no reason for the supreme court to intervene on that basis. The lawmakers are in charge here, and the law won't be inherently invalid.

That's why this is being fought with state law, not the constitution. The federal law is doing something stupid, but the stupidity is mostly an accounting trick. Everyone is still getting paid for their total labor.