What shall I do if my restaurant owner refuses to pay me?
2 attorney answers
The wage and hour laws prohibit use of a person's immigration status as a defense. You have the same right to be paid as anyone else. At this point, you are probably eligible for liquidated damages amounting to twice the underpayment. You should contact an experienced employment/labor attorney.
Yes, being undocumented has its risks with respect to what rights and benefits are available. And although you can attempt to file a DOL claim or a small claims action, and the employer can notify ICE, one cannot predict right now how ICE will operate under the Biden administration.