I work as a server in Massachusetts for a family-owned Chinese restaurant. It has a small staff, mostly all related.
When I started, I was thrown in without any training on my first day and was not told about how the job would work, and automatically assumed it would be like any other server job that I worked previously. After the first month, I realized that I wasn't getting paid hourly whatsoever, didn't receive a W4 form, and was only collecting tips. I then asked one of the managers about it, and she told me that we only receive tips and that our “paychecks” go to their accountant and toward taxes. I asked for the paystubs, and she deflected it saying that she would ask her accountant but with no follow up. It has been two months since I started, and I am definitely overworked and underpaid. They also expect me to help out with take-out, but I flat out refused and asked if I would be paid for it to which they said no since I “make so much in tips”, although some days I only make $50.
I was talking to a chef who quit the job and I asked him how much he made. He was being paid minimum wage, but was not being paid for overtime and was working 60hrs/wk.
I feel like this whole thing is very, very illegal. No one who works there that is not a part of the family doesn't say anything about it (the dishwasher and other server) because they have both been there since the restaurant opened and are fed both lunch and dinner by the owners.
I am thinking about going to the DOL about all of this. I did not receive a W2 form last month and just messaged one of the managers about it and will see what she says. I will note that I was the one who realized that I never filled out a W4 form when I started and a month later when I asked she gave it to me. God knows if she just turned around and threw it away in the trash. It sucks because it was my favorite restaurant and I have known them for 7+ years, but since they begged me to work for them I realized they are super shady people.
Should I find a new job before I call the DOL? I am not sure which steps to take to make sure that I am financially safe before taking action.