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.

JOINT NEUTRAL SUMMARY OF THE CLAIMS AND DEFENSES IN THIS CASE TO 

BE READ AS AN INTRODUCTION FOR VOIR DIRE EXAMINATION

Plaintiffs and Defendants, by and through their respective undersigned counsel and in 

compliance with the Court’s Post-Pretrial Conference Administrative Order (ECF No. 147)

requiring that the Parties file a “joint, neutral summary of the claims and defenses in the case, not 

to exceed one short paragraph per claim, to be read as an introduction for voir dire 

examination,” submit the following:

Case 1:20-cv-22603-JG Document 151 Entered on FLSD Docket 04/28/2023 Page 1 of 3
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SUMMARY OF THE CLAIMS AND DEFENSES

This is an action brought by Plaintiffs, Erik Chavez and Leonel Diaz, and against Grill 

Enterprises, LLC and Ruben Sierra, for alleged unpaid minimum wages. Plaintiffs were servers at 

a restaurant known as “Los Parrilleros” in Doral, Florida. The restaurant is owned by Defendant 

Grill Enterprises, LLC. Plaintiffs maintain that during a period of their employment, the restaurant 

failed to pay them any wages at all for hours they worked, but rather that all of their compensation 

came from a less than total distribution from the employer of the “tips” given to Plaintiffs by

customers of the restaurant. Defendants, on the other hand, contend that Plaintiffs were in fact paid 

the wages required by the law for servers, after deducting federal withholdings and taxes, as shown 

on their paystubs. Additionally, Plaintiffs maintain that during all periods of employment, they 

were required to share their tips with persons or entities not eligible to participate in a valid “tip 

pool” arrangement. Defendants also dispute this claim and maintain that every person who 

received tips from the tip pool was legally entitled to receive tips as a tipped employee. Plaintiffs 

maintain that Defendant Ruben Sierra, is also liable because he exercised the necessary control 

over the restaurant’s operations. Defendants deny that Mr. Sierra is personally liable to the 

Plaintiffs or exercised the type of control required to make him an employer under the law. An 

employer of tipped employees is permitted by law to take no more than a $3.02 per hour “tip 

credit” and pay tipped employees, such as servers, a reduced minimum wage, but only when certain 

conditions are met. Plaintiffs maintain that these conditions were not met by the employer, whereas

Defendants maintain that they complied with the requirements to take a “tip credit” and properly 

paid all wages and tips earned by Plaintiffs. 

Case 1:20-cv-22603-JG Document 151 Entered on FLSD Docket 04/28/2023 Page 2 of 3
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Respectfully submitted this 28th day of April 2023,,

By: s/Anthony F. Sanchez, Esq. By: s/Todd W. Shulby, Esq.

Anthony F. Sanchez, Esq.

Florida Bar No.: 789925

afs@laborlawfla.com

faz@laborlawfla.com 

ANTHONY F. SANCHEZ, P.A.

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Tel: 305-665-9211

Counsel for Plaintiffs

Todd W. Shulby, Esq.

Florida Bar No.: 068365

tshulby@shulbylaw.com

llangford@shulbylaw.com

TODD W. SHULBY, P.A.

1792 Bell Tower Lane

Weston, Florida 33326

Tel.: 954-530-2236

Fax: 954-530-6628

Counsel for Defendants

By: s/Brian H. Pollock, Esq.

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: (305) 230-4884

Co-Counsel for Defendants

Case 1:20-cv-22603-JG Document 151 Entered on FLSD Docket 04/28/2023 Page 3 of 3