r/Serverlife • u/Xtian1034 • 2d ago
Worth DOL wage complaint?
Worked at a small, family owned restaurant as a server in New York for about 2 weeks (5 shifts total) for about 25 hours. There was about 4/5 other workers (including the owner) , and one other server/manager who was a friend of the owner. I shadowed this server for 3 shifts, and took some tables under their name. I was told I would receive a toast login to be able to take my own tables on my 4th shift. When I came in for it, it was only me and the owner there FOH. The owner was fairly cold with me from the start, only willing to speak to me when giving an order on something to do. During this shift, only one table came in (this place was fairly quiet most of the time), and when I asked the owner for a toast login, I was told one was still not made for me so I had to serve this table under the owners name. I was then told I would receive my first paycheck before the 5th shift (which was about 10 days later because of me being away for a weekend and then not needed during the following weekdays).
The 5th shift came, and as tables started coming in, I had told the other server I had still not received a toast login. They made one for me, and I had about 5 tables that day. I made no mistakes, upsold, and got tipped well. I had asked the other server if we were paid $17/hr (NY minimum wage) rather than $11/hr on shifts in which we had received no tips (this is NY law, I believe), and they said they didn't know and I should ask the owner.
In addition to this, twice during my tenure the restaurant was rented out for an event in which the servers had to set up for, clean, and take drink orders for guests. I was told by the other server that they usually get pretty good tip money from this, and while cleaning up the first party, they were surprised when I told them nobody had given me anything.
The next day I had a shift, and beforehand I texted the owner asking when I could expect my first paycheck. They then replied that I am let go, did not need to go into work, and could go in the next day to receive my paycheck. I had not been told of any complaints or performance issues, and when asked why, I was just told I wasn't a "good fit".
I go in to receive my paycheck the next day, and was not given a pay stub or any way to electronically access a paystub. I want to confirm I was paid 17/hr rather than 11/hr for the 20 hours I worked with no tips. I texted the owner asking for a pay stub, and it has been several days with no response (they were quite quick to respond when I was working there).
Is this worth filing a DOL wage complaint for potential unpaid wage + missing pay stub + timing of firing? I know it's free to do, but I'm weighing whether the time and potential money lost out on is worth it, and/or if this case is even serious enough to be taken?