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

 

Case No.: 20-22603-CIV-COOKE/Goodman

Erik Chavez, individually, and on behalf of 

others similarly situated,

Plaintiffs,

vs.

Grill Enterprises, LLC, a Florida limited 

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

and “Parrilleros Tavern”, and; 

Ruben Sierra, individually,

Defendants.

CLASS REPRESENTATION

AMENDED FAIR LABOR STANDARDS ACT COMPLAINT 

Plaintiff Erik Chavez, individually and on behalf of others similarly situated, sues

Defendants, Grill Enterprises, LLC, a Florida limited liability company d/b/a “Los 

Parrilleros” and “Parrilleros Tavern”, and; Ruben Sierra, individually, and alleges: 

JURISDICTIONAL ALLEGATIONS 

1. This is an action to recover damages for unpaid wages, minimum wages, 

liquidated damages, and other relief brought under the laws of the United States of America 

and under Florida common law and statutes. This Court enjoys jurisdiction pursuant to, inter 

alia, 28 U.S.C. §§1331 1337 and 1367; the Fair Labor Standards Act, 29 U.S.C., §§201-219 

(“FLSA”), §448, Florida Statutes (the “Florida Minimum Wage Act” or “FMWA”), and § 

24, Art. X of the Florida Constitution.

2. Plaintiff Erik Chavez is a resident of Miami-Dade County, Florida. 

3. Defendant Grill Enterprises, LLC is a Florida limited liability company d/b/a 

“Los Parrilleros” and “Parrilleros Tavern”, which is in the business of operating at least one 

restaurant and tavern. 

4. Defendant Rueben Sierra is an individual who, together with other insiders, 

directly or indirectly, owns and operates Defendant Grill Enterprises, LLC under the 

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monikers “Los Parrilleros” and “Parrilleros Tavern” as a restaurant and bar, and as part of a 

conglomerate of other related entities and persons. 

5. The Employer is, and at all times material to this action was, an organization 

which sells and/or markets and/or transports goods and services in Florida to customers from 

all over the world.

6. Defendants, individually and together as group, are a “person” and “employer” 

within the meanings provided by 29 U.S.C. §203(a) and (d). Defendants are referred to herein 

jointly as “Employer”. In the course of employment with this Employer, Plaintiff Chavez, 

and all of those similarly situated persons who may hereinafter opt-in to this lawsuit, was and 

were individually engaged in commerce because they were employed in a manner which 

required that they regularly use the implements of interstate commerce and directly interacted 

and served customers of the restaurant who traveled from other states and countries, and also 

by nature of the work Plaintiffs performed. 

7. The annual gross revenue of the Employer was at all times material to this 

action in excess of $500,000.00 per annum.

8. By reason of the foregoing, the Employer is, and at all times material to this 

action was, an enterprise engaged in commerce or in the production of goods for commerce 

as defined in Sections 3(r) and 3(s) of the FLSA, 29 U.S.C., Sections 203(r) and 203(s).

CLASS ALLEGATIONS

9. Among the restaurants and bars operated by the Defendants is one located in 

Doral, Miami-Dade County, Florida, within the jurisdiction of this Court. 

10. The Plaintiff worked as a waiter at the Doral restaurant owned and operated 

by the Defendants in Miami-Dade County from 2013 through June 2, 2020. He brings this 

action individually and on behalf of others similarly situated to recover unpaid wages, 

minimum wages, liquidated damages, and other legal and equitable relief, including 

attorney’s fees and costs. 

11. During periods of his employment, the Plaintiff and others similarly situated 

wait staff received no compensation from the Employer at all, and received all of their 

compensation by way of gratuities from customers of the Defendants restaurant and bar. 

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12. During periods of his employment, the Plaintiff and others similarly situated 

wait staff, were compensated at a reduced hourly wage rate of pay even though there is no 

applicable exception to the requirement that said Plaintiff or plaintiffs be paid at least the 

highest applicable minimum wage rate of pay directly from their employer. 

13. During periods of Plaintiff’s employment, the Employer unlawful took a “tip 

credit” against gratuities received by Plaintiffs, and/or took a “tip credit” which was greater 

than the “tip credit” allowed by law, if any. 

14. The Employer is not entitled to any so-called “tip credit” toward the applicable 

minimum wage rate of pay and has actually paid less than required by law as the result of 

among other factors, the following: (a) Plaintiff and others similarly situated are not “tipped 

employees” within the meaning of the FLSA §3(m); (b) Plaintiffs and others similarly situated 

were not properly advised of any intention by the employer to take a “tip credit” toward the 

obligation to pay at least applicable minimum wage rate of pay, nor were they advised of the 

amount of such credit; (c) Defendant took a “tip credit” in excess actual tips received and kept 

by Plaintiff; (d) Defendant took a tip credit greater than permitted by law and regulations, 

including 29 CFR §531.59; (e) Defendants took a “tip credit” from revenues which are not 

“tips”; (f) took a “tip credit” through an invalid tip pool which requires the sharing of tips 

with non-tipped employees, including “contractors” who are not employees at all; (g) taking 

possession of Plaintiff’s tips without also taking a “tip credit”; (h) taking retroactive “tip 

credits”; (i) the Employer failed to timely disburse minimum wage during the applicable pay 

day for the corresponding pay period, and (j) requiring unlawful kick-backs to the Employer 

by requiring Plaintiff to use tips to pay operating costs of the employer.

ATTORNEY’S FEES 

15. Plaintiff has engaged the services of the undersigned attorneys and has agreed 

to pay a reasonable attorney’s fee and costs related to their professional services. 

ENTITLEMENT TO ATTORNEY’S FEES 

16. Plaintiff is entitled to an award of attorney’s fees if he is the prevailing party in 

this action pursuant to the Fair Labor Standards Act, 29 U.S.C., Sections 201-219 and other 

related authority, including §§448.08, 448.104 Florida Statutes. 

 

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– COUNT I – 

VIOLATION OF THE FAIR LABOR STANDARDS ACT 

(Failure to Pay Minimum Wages) 

Plaintiff Erik Chavez, and others similarly situated, realleges paragraphs 1 through 16 

as though fully set forth herein. 

17. The Employer is a conglomerate of related persons or entities engaged in the 

business of operating at least one restaurant and tavern. 

18. At all times during his employment, Plaintiff Chavez, and others similarly 

situated, were hourly wage wait staff employees required to be paid a minimum hourly wage 

for all work performed for the Employer. 

19. During his employment with Defendants, the Employer violated the provisions 

of the FLSA, 29 U.S.C. §206 and §215(a)(2) by failing to timely pay Plaintiff, and those 

similarly situated, at least the highest applicable minimum hourly rate during respective pay 

periods.

20. The Employer also failed to timely pay wages to Plaintiff, and those similarly 

situated, on the regularly scheduled pay date when those wages were earned. 

21. At all times material to this action, the Employer failed to comply with 29 

U.S.C. §§201-219 and 29 C.F.R., §§516.2, 516.4, 516.28 et seq., and §§531.35 and 531.50 et 

seq. and other applicable authority in that Plaintiff and those similarly situated performed 

services for the benefit of the Defendant for which they were paid well below the minimum 

wage rates required by both federal law, and under applicable Florida law and Florida 

Constitution (including §448.110(6), Florida Statutes, and § 24, Art. X of the Florida 

Constitution.), whose occasionally higher minimum wage rates are made applicable under 

the FLSA. 

22. Others who are similarly situated as the Plaintiff, also provided labor as hourlyrate wait staff employees and were also systematically paid less than the applicable minimum 

hourly wage, for the reasons set forth above. 

23. The Employer knowingly and wilfully and/or with a reckless disregard of the 

provisions of the FLSA, failed to comply the applicable minimum wage provisions, and 

remains owing Plaintiff and other similarly situated employees a minimum wage for at least 

the extended three year period preceding this lawsuit. 

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WHEREFORE, Plaintiff and others similarly situated request damages equal to all 

unpaid minimum wages, liquidated damages in an amount equal to unpaid wages, together 

with reasonable attorney’s fees and costs, to be proven at the time of trial. 

-- COUNT II -- 

VIOLATION OF THE FLORIDA MINIMUM WAGE ACT 

(Failure to Pay Minimum Wages) 

Plaintiff adopts the allegations set forth in ¶¶1-16, as though set forth herein.

24. At all times during, the Plaintiff and others similarly situated were required to 

be paid a minimum hourly wage for every hour worked for the Employer.

25. At all times during their employment, Defendants violated the provisions of 

§448.110, Florida Statute by failing to timely pay Plaintiff and others similarly situated, 

anything on the scheduled pay date, and/or ultimately paying them less than the minimum 

wage rates required under both federal law, and under Florida law and the Florida 

Constitution. 

26. Plaintiff has satisfied any condition precedent to filing this action, if any.

27. The Employer knew or showed a reckless and willful disregard for the 

provisions of the Florida Minimum Wage Act and the FLSA concerning the timely payment 

of minimum wages for all hours worked, and accordingly remains owing to the named 

Plaintiff and other similarly situated employees, unpaid minimum hourly wages for every 

hour worked during each respective pay period, and liquidated damages based upon the tardy 

or non-payment of wages due. 

WHEREFORE, Plaintiff Jorge Luis del Toro, and others similarly situated demand 

the following: liquidated damages for the untimely payment of wages after the scheduled 

paydate; payment of unpaid minimum wages for every hour worked during applicable pay 

periods, together with reasonable attorney’s fees and costs, to be proven at the time of trial. 

In the event that Plaintiff does not recover liquidated damages as allowed, then Plaintiff and 

those similarly situated demand an award of prejudgment interest as a lesser alternative to 

liquidated damages. 

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– COUNT III – 

VIOLATION OF THE FAIR LABOR STANDARDS ACT 

 (Retaliation by Employers) 

Plaintiff realleges ¶¶ 1 through 10 and 15-16, as though fully set forth herein.

28. Plaintiff exercised rights protected under the FLSA by complaining and 

demanding vindication of his right to payment of a minimum hourly wage for every hour 

worked. 

29. Shortly after exercising his protected rights under the FLSA, and as a result of 

the same, Plaintiff suffered adverse employment consequences, including termination. 

30. At all times material to this action, the Employer violated 29 U.S.C. §215(a)(3) 

in that Defendants retaliated against Plaintiff for asserting rights under the FLSA. 

31. The Employer knew and/or showed a reckless disregard of the provisions of 

the FLSA concerning the prohibition against retaliation against the assertion of FLSA rights 

and thus is liable to compensate the Plaintiffs for unpaid wages, compensatory damages, back 

wages, front wages, liquidated damages, punitive damages and other equitable relief. 

WHEREFORE, Plaintiff, individually and on behalf of others similarly situated, 

demand the following: reinstatement of employment, promotion, lost wages, back pay, front 

pay, compensatory damages, pre-judgment interest, and punitive damages pursuant to the 

Fair Labor Standards Act to be proven at the time of trial and for such further relief as may 

be permitted by the FLSA, together with court costs and attorney’s fees.

JURY DEMAND 

32. Plaintiff, and those similarly situated, demand trial by jury of all issues, claims 

and defenses that are triable as of right by a jury.

Dated: July 17, 2020.

Anthony F. Sanchez, P.A. 

Attorneys for Plaintiff

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Tel.: 305-665-9211

Fax: 305-328-4842

Email: afs@laborlawfla.com

By: /s/ Anthony F. Sanchez

Anthony F. Sanchez

Florida Bar No.0789925

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on July 17, 2020 a true and correct copy of the foregoing 

was electronically filed with the Clerk of the Court using CM/ECF and served on all counsel 

of record and parties listed on the Service List below in the manner indicated therein. 

 

Anthony F. Sanchez, P.A. 

Attorneys for Plaintiff

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Tel.: 305-665-9211

Fax: 305-328-4842

Email: afs@laborlawfla.com

By: /s/ Anthony F. Sanchez

Anthony F. Sanchez

Florida Bar No.789925

SERVICE LIST 

Anthony F. Sanchez, Esq.

Florida Bar No.: 789925

Email: afs@laborlawfla.com

Email: faz@laborlawfla.com 

Counsel for Plaintiff 

ANTHONY F. SANCHEZ, P.A.

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Tel: 305-665-9211

Fax: 305-328-4842

Grill Enterprises, LLC c/o

Registered Agent Salver & Cook, LLP

Party Defendant

SALVER & COOK, LLP

2721 Executive Park Drive, Suite 4

Weston, Florida 33331

Tel: 954-389-1333

Email: cpas@psccpas.com

Via First-Class U.S. Mail and Email

Ruben Sierra

Party Defendant

10775 NW 41st Street

Doral, Florida 33178 

Via First-Class U.S. Mail 

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