EXHIBIT “3”

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:20-cv-22603-GOODMAN

(Consent Case)

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 

RUBIN SIERRA, individually,

Defendants.

______________________________________/

UNSWORN DECLARATION OF RUBEN SIERRA

1. My name is Ruben Sierra and I have personal knowledge of the matters stated 

herein.

2. I am the owner of Los Parrilleros restaurant, but the restaurant is operated on 

a day-to-day basis by its manager. I sometimes speak to the manager as little as once per 

month.

3. Leonel Diaz signed the attached “WH-58 Signed by Diaz.” See Exhibit 1, Mr. 

Diaz received all compensation that he was required to receive for his work at Grill 

Enterprises, LLC, for work performed through the workweek ending March 9, 2019.

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4. The “WH-58 Signed by Diaz” also provides as follows, in relevant part, 

regarding the payment of the wages to him and the preclusive effect of payment and/or receipt 

of the required wages:

**   ** 

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5. Not only did I sign the document myself, but it is also signed by Leonel Diaz. 

I personally witnessed Diaz sign the document in front of me, right before I gave Diaz the 

payment, which is also attached as Exhibit 1.

6. I had communications with the DOL’s investigator regarding the nature of the 

investigation that was conducted, the findings, and also communications with the DOL and 

Diaz concerning why I entered into an agreement to pay the wages required by the DOL to 

employees of Grill Enterprises, LLC, the payment of the wages required by the DOL, and the 

process by which we confirmed that each affected employee knew of the payment required 

by the DOL, that each affected employee signed the WH-58 Form, and that all payments 

required were in fact made.

7. The DOL conducted an extensive and intrusive investigation into the pay 

practices at the “Los Parrilleros” restaurant operated by Grill Enterprises, LLC. During this 

process, we provided the DOL with time and pay records, including all records of hours 

worked, wages paid, tips received, the tip credit, and disbursal of tips to servers and all other 

employees. The DOL interviewed employees and the DOL calculated that overtime wages 

were not being properly paid to certain employees because overtime was not calculated 

weekly. On behalf of Grill Enterprises, LLC, I agreed to the wages calculated and required 

by the DOL to the affected employees, including Diaz, in the manner required by the DOL, 

and that Plaintiff Diaz was one of the affected employees owed overtime wages. As a result 

of the DOL investigation, and the small amounts paid under the WH-58, I was under the 

impression that no payroll changes whatsoever were needed to comply with the FLSA.

8. The DOL provided pre-filled forms (WH-58 Forms) for each affected employee 

and instructed us to have each affected employee sign the appropriate WH-58 Form in order 

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