LAW OFFICES OF ANTHONY F. SANCHEZ, P.A. 

6701 SUNSET DRIVE, SUITE 101, MIAMI, FL, 33143 • TELEPHONE (305) 665-9211

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case No.: 1:20-cv-22603-GOODMAN

[CONSENT]

Erik Chavez, individually, and on behalf of 

others similarly situated,

Plaintiff,

vs.

Grill Enterprises, LLC, a Florida limited 

liability company, d/b/a “Los Parrilleros” and 

“Parrilleros Tavern”, and; 

Ruben Sierra, individually, 

Defendants.

PLAINTIFFS’ NOTICE OF COMPLIANCE AND OF FILING MEMORANDA OF LAW

Plaintiffs, by and through undersigned counsel and in accordance with the Court’s “Order 

Re: Trial Rescheduling, Briefing and Questions” [ECF No. 185] and “Post-Hearing 

Administrative Order” [ECF No. 190], hereby submit their respective Memoranda of Law, 

attached as Exhibits 1-12, pertaining to the following described issues: 

Exhibit Issue No. and Description

1 Issue 1: Whether an FMWA pre-suit demand letter is invalid if it seeks damages 

beyond those available in an FMWA claim?

2 Issue 2: Whether a defendant must have received the pre-suit, written notice in order 

for an employee to comply with the pre-suit notice requirements of the FMWA (or is 

evidence that a plaintiff sent the notice adequate)?

3 Issue 3: Whether a court (as opposed to a jury) determines before a jury trial whether 

the pre-suit written notice was sent and received?

4 Issue 4: Whether an opt-in plaintiff needs to send a separate pre-suit demand to pursue 

an FMWA claim if the initial plaintiff has already sent a pre-suit demand letter?

Case 1:20-cv-22603-JG Document 194 Entered on FLSD Docket 06/12/2023 Page 1 of 3
2 

Exhibit Issue No. and Description

5 Issue 5: Whether a tip pool is invalidated by the participation of an undocumented 

co-worker? [In earlier submissions, the parties have cited either immigration law or 

cases addressing the FLSA’s applicability to undocumented plaintiffs. The Court is 

looking for on-point legal authority on this specific topic involving an undocumented 

worker other than the plaintiff, not general recitations about the law.]

6 Issue 6: Whether an invalid tip pool, improper tax withholdings, and/or credit card 

surcharges constitute tip confiscation under the FLSA?

7 Issue 7: On the issue of willfulness, whether an employer is entitled to rely on an 

investigation of its pay practices conducted by the United States Department of 

Labor? [The case cited by Defendants as authority for Proposed Jury Instruction No. 

48 states that “[E]vidence of the DOL investigation is relevant to the good-faith 

defense and not outweighed by the risk of prejudice.” Garcia v. J&J, Inc., No. 19-

CV-60728, 2020 WL 209732, at *3 (S.D. Fla. Jan. 14, 2020) (emphasis added). It 

does not stand for the proposition in the proposed jury instruction that: “An employer 

was not reckless and did not willfully violate the FLSA and is entitled to rely on an 

investigation of its pay practices conducted by the United States Department of Labor, 

Wage and Hour Division.”]

8 Issue 8: Whether the verdict form should include a special interrogatory asking the 

jury to determine if an employer is entitled to a tip credit or if the tip pool was 

valid/invalid (or questions about how the tip pool was invalidated)? Alternatively, if 

(after conferring) the parties agree that these types of questions do not need to be 

included in the verdict form, then the parties may state so in their submission.

9 Issue 9: Whether a plaintiff’s damages are calculated by using the date of the lawsuit 

or the date of the opt-in notice, or the last day of employment?

10 Issue 10: Whether an initial joint pretrial stipulation can be superseded by a later joint 

pretrial stipulation when a court’s operative scheduling order includes a deadline for 

the later-filed joint pretrial stipulation? In other words, must a party show “manifest 

injustice” before submitting changes in a later-filed joint pretrial stipulation, when the 

Court’s operative scheduling order includes a deadline for the later-filed joint pretrial 

stipulation?

11 Issue 11: Is “unclean hands” an affirmative defense in an action for damages (as 

opposed to a defense when the Court is sitting in equity, such as in connection with a 

motion for injunctive relief)? 

[The Court’s “Post-Hearing Administrative Order” 

[ECF No. 190] directed the parties to skip over this issue

and proceed to Issue No. 12.]

12 Issue 12: Did Plaintiffs timely seek a claim for tip confiscation and, if not, what 

impact does that have on their damages claim?

Case 1:20-cv-22603-JG Document 194 Entered on FLSD Docket 06/12/2023 Page 2 of 3
3 

CERTIFICATE OF SERVICE

I hereby certify that on June 12, 2023 a true and correct copy of the foregoing was 

electronically filed with the Clerk of the Court via CM/ECF and served on the parties listed in the 

Service List below in the manner indicated therein.

Anthony F. Sanchez, P.A. Attorneys for Plaintiffs

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Tel.: 305-665-9211

By: /s/ Anthony F. Sanchez

Anthony F. Sanchez

Florida Bar No.789925

afs@laborlawfla.com

SERVICE LIST

Anthony F. Sanchez, Esq.

Florida Bar No.: 789925 

afs@laborlawfla.com 

faz@laborlawfla.com 

Counsel for Plaintiffs

ANTHONY F. SANCHEZ, P.A.

6701 Sunset Drive, Suite 101 

Miami, Florida 33143 

Tel: 305-665-9211 

Todd W. Shulby, Esq.

Florida Bar No.: 068365 

tshulby@shulbylaw.com

llangford@shulbylaw.com 

Counsel for Defendants 

TODD W. SHULBY, P.A.

1792 Bell Tower Lane 

Weston, Florida 33326 

Tel: 954-530-2236 

Fax: 954-530-6628 

Via Notice of Electronic Filing

Brian H. Pollock, Esq. 

Florida Bar No.: 174742 

brian@fairlawattorney.com

Co-Counsel for Defendants 

FAIRLAW FIRM

135 San Lorenzo Avenue, Suite 770 

Coral Gables, Florida 33146 

Tel: 305-230-4884 

Via Notice of Electronic Filing

Case 1:20-cv-22603-JG Document 194 Entered on FLSD Docket 06/12/2023 Page 3 of 3