Unpaid wage

Unpaid wages are taken very seriously in New York. There may be DOL notice violations also. You may be entitled to liquidated damages, often double the amount you are owed, and your own attorney's fees and the costs of filing can be court-ordered for payment by that employer. Plus the individual business owner should be personally on the hook for unpaid wages in most cases, if your lawsuit names them individually, so liquidation or bankruptcy of the owner does not leave you high and dry. However, the amount in controversy appears small. You may not have sufficient revenues by the business to file in federal court. And even a federal court may be reluctant to award the amount of attorney's fees which may be necessary for collection. Remember that litigation takes time and effort regardless of the amount pursued. And the restaurant could fight payment requiring you to retain a collections lawyer in the end. Overall your best option might be filing in small claims court in the county where that restaurant does or has a business operation. A small claims court judge will review your documentation and hear from both sides, assuming the restaurant responds. If it doesn't even show up you could have a default judgement entered in your favor and then collecting on it will be a separate matter. It's a process and if you wish to learn about the legal system yours may be an excellent one in which to do so. Gather your documentation and good luck!