Page 1 of 10

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

BONNIE BALDERRAMA

BONNIE L. BALDERRAMA,

and other similarly situated individuals,

Plaintiffs,

v. 

HIGHGATE HOTELS LP

a/k/a YVE HOTEL MIAMI

 Defendant,

_________________________________/ 

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b))

COME NOW the Plaintiffs BONNIE BALDERRAMA and BONNIE L. BALDERRAMA 

by and through the undersigned counsel, on behalf of themself and other similarly situated, hereby 

sue Defendants HIGHGATE HOTELS LP a/k/a YVE HOTEL MIAMI, and alleges: 

JURISDICTION VENUES AND PARTIES

1. This is an action to recover money damages for regular unpaid wages and under the laws 

of the United States. This Court has jurisdiction pursuant to Title 28 U.S.C. §§ 1331 and

1337 and under the Fair Labor Standards Act, as amended, 29 U.S.C. § 201 et seq (the 

"FLSA" or the "Act").

2. Plaintiffs BONNIE BALDERRAMA and BONNIE L. BALDERRAMA (mother and 

daughter) are residents of Miami-Dade County within the jurisdiction of this Honorable 

Court. Plaintiffs are covered employees for purposes of the Act.

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 1 of 10
Page 2 of 10

3. Defendant HIGHGATE HOTELS LP a/k/a YVE HOTEL MIAMI (hereinafter YVE 

HOTEL MIAMI, or Defendant) is a Foreign Limited Partnership doing business under the 

name of YVE HOTEL MIAMI, with a place of business in Miami-Dade County, Florida, 

FL, within the jurisdiction of this Court. At all times, Defendant was and is engaged in 

interstate commerce.

4. This cause of action is brought by Plaintiffs as a collective action to recover from 

Defendants regular wages, liquidated damages, costs, and reasonable attorney's fees under 

the provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. § 201 et seq (the 

"FLA or the "ACT") on behalf of Plaintiffs, and all other current and former employees 

similarly situated to Plaintiffs ("the asserted class") who worked in excess of forty (40) 

hours during the material time.

5. The asserted class for this collective action includes all current and former employees 

similarly situated to Plaintiffs, performing non-exempted duties, at all premises of YVE 

HOTEL MIAMI, in furtherance of the business of Defendants, and who worked for 

Defendant within the material time, without being paid minimum wages and overtime 

hours at the rate of time and one-half his regular rate ("the overtime rate"), pursuant the 

FLSA.

6. The material time for the claims, in this case, is the three-year period (3 years) prior to the 

date of each Plaintiff or each similarly situated individual joining this action, as tolled or 

extended by the equity or by law.

7. Corporate Defendant YVE HOTEL MIAMI operates Biscayne Tavern & Grill, an upscale 

gastropub located at 146 Biscayne Blvd., Miami, Florida 33132, where the Plaintiffs 

worked.

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 2 of 10
Page 3 of 10

.

8. The Employer, YVE HOTEL, was engaged in interstate commerce as defined in §§ 3 (r) 

and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s)(1)(A). Defendant is a hotel operating a 

restaurant/bar with more than two employees directly and recurrently engaged in interstate 

commerce. At all times pertinent to this Complaint, the Employer/Defendant obtains and 

solicits funds from non-Florida sources, accepts funds from non-Florida sources, uses 

telephonic transmissions going over state lines to do its business, and transmits funds 

outside the State of Florida. Upon information and belief, the annual gross revenue of the 

Employers/Defendant was always more than $500,000 per annum. Therefore, there is 

enterprise coverage.

9. Plaintiffs were employed by an enterprise engaged in interstate commerce. Through their 

daily activities, Plaintiffs and other employees similarly situated regularly and recurrently

participated in interstate commerce by handling and working with goods and materials that 

were moved across State lines at any time during the business. Therefore, there is 

individual coverage.

10. All the actions raised in this Complaint took place in Dade County, within the jurisdiction 

of this Court.

COUNT I:

F.L.S.A. WAGE AND HOUR FEDERAL STATUTORY VIOLATION: FAILURE TO 

PAY MINIMUM WAGE; AGAINST ALL DEFENDANTS

11. Plaintiffs BONNIE BALDERRAMA and BONNIE L. BALDERRAMA re-adopt every 

factual allegation stated in paragraphs 1-10 of this Complaint as if set out in full herein.

12. This action is brought by Plaintiffs to recover from the Employer unpaid minimum wages, 

as well as an additional amount as liquidated damages, costs, and reasonable attorney's fees 

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 3 of 10
Page 4 of 10

under the provisions of 29 U.S.C. § 201 et seq., and specifically under the provisions of 29 

U.S.C. §206. U.S.C. §206 states, "Every Employer shall pay to each of his employees who 

in any workweek is engaged in commerce or in the production of goods for commerce, or 

is employed in an enterprise engaged in commerce or in the production of goods for 

commerce, wages at the following rates: 

(1) except as otherwise provided in this section, not less than—

(A) $5.85 an hour, beginning on the 60th day after May 25, 2008; 

(B) $6.55 an hour, beginning 12 months after that 60th day; and 

 (C) $7.25 an hour, beginning 24 months after that 60th day.

13. 1.- Claim of Plaintiff BONNIE BALDERRAMA, Defendant YVE HOTEL MIAMI 

employed Plaintiff BONNIE BALDERRAMA as a non-exempted, full-time prep cook and 

dishwasher, from on or about November 01, 2021, through approximately April 08, 2022, 

or 22 weeks. 

14. Plaintiff's wage rate was $14.00 an hour.

15. During her employment with Defendant, Plaintiff BONNIE BALDERRAMA worked at 

the restaurant 5 days per week on an irregular schedule. Sometimes Plaintiff began to work 

at 6:30 AM, 7:00 AM, or 9:00 AM, and she worked until 2:00 or 4 PM. Plaintiff was 

supposed to work 35 hours weekly. Sometimes, manager/chef Damian Bastil made her 

clock in twice because he said Plaintiff's earlier clock-in had failed. The chef made Plaintiff 

sign a confusing timesheet with her hours worked. Plaintiff worked an average of 35 hours 

weekly, but she always was paid for less than 35 hours. Plaintiff states that every week she 

had at least 3 missing working hours.

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 4 of 10
Page 5 of 10

16. In addition, Defendant deducted 30 minutes of lunchtime daily. However, Plaintiff was 

unable to take bonafide lunchtime periods. This unproperly deducted lunchtime represents 

2.5 hours of unpaid wages weekly. 

17. Plaintiff BONNIE BALDERRAMA is claiming a total of 5.5 unpaid hours weekly.

18. On or about April 08, 2022, Plaintiff BONNIE BALDERRAMA was forced to leave her 

employment with Defendant due to discriminatory reasons. Plaintiff is in the process of 

filing her Charge of Discrimination with the U.S. Equal Employment Opportunity 

Commission (EEOC).

19. 2.- Claim of Plaintiff BONNIE L. BALDERRAMA, Defendant YVE HOTEL MIAMI 

employed Plaintiff BONNIE L. BALDERRAMA as a non-exempted, full-time waitress, 

from on or about January 01, 2022, through approximately March 30, 2022, or 12 weeks. 

20. During her employment with Defendant, Plaintiff BONNIE BALDERRAMA worked at 

the restaurant 5 days per week, from Saturday to Wednesday, from 6:30 AM to 2:30 PM 

(8 hours daily), or a total of 40 hours or more.

21. Defendant deducted 30 minutes of lunchtime daily. However, Plaintiff was unable to take 

bonafide lunchtime periods. This unproperly deducted lunchtime represents 2.5 hours of 

unpaid wages weekly. 

22. Furthermore, Plaintiff was a waitress, and she was paid the minimum wage for tipped 

employees or $6.98 an hour plus tips.

23. However, every day Plaintiff was required to perform at least 1 hour of non-tippable 

activities, which were non- incidental to her work as a waiter. These hours should be 

compensated at the full minimum wage rate. 

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 5 of 10
Page 6 of 10

24. Defendant is not entitled to the "tip credit" allowed by law. Defendant is obligated to pay 

Plaintiff the full minimum wage for every hour worked for Defendants. 

25. Plaintiff is claiming 2.5 regular unpaid wages corresponding to the unproperly deducted 

lunchtime hours, plus full regular wages for 5 hours weekly worked in non-tippable 

activities.

26. On or about April 08, 2022, Plaintiff BONNIE BALDERRAMA was forced to leave her 

employment with Defendant due to discriminatory reasons. Plaintiff is in the process of 

filing her Charge of Discrimination with the U.S. Equal Employment Opportunity 

Commission (EEOC).

27. Plaintiffs BONNIE BALDERRAMA and BONNIE L. BALDERRAMA clocked in and 

out through a time-keeping system. Thus, Defendant was in complete control of the 

Plaintiffs' schedule. They knew about the actual number of hours worked by Plaintiffs and 

other similarly situated individuals. 

28. Therefore, Defendant willfully failed to pay Plaintiffs BONNIE BALDERRAMA and 

BONNIE L. BALDERRAMA minimum wages in violation of the Fair Labor Standards 

Act, 29 U.S.C. §206, et seq.

29. The records, if any, concerning the number of hours worked by Plaintiffs and all other 

employees and the compensation paid to such employees should be in the possession and 

custody of Defendant. However, upon information and belief, Defendant did not maintain 

accurate and complete time records of hours worked by Plaintiffs and other similarly 

situated individuals. Defendant violated the record-keeping requirements of FLSA, 29 CFR 

Part 516.

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 6 of 10
Page 7 of 10

30. Upon information and belief, Defendant never posted any notice, as required by the Fair 

Labor Standards Act and Federal Law, to inform employees of their Federal rights to 

overtime and minimum wage payments. Defendant violated the Posting requirements of 

29 U.S.C. § 516.4.

31. Prior to the completion of discovery and the best of Plaintiff's knowledge, at the time of 

the filing of this Complaint, the Plaintiffs' good faith estimates of unpaid wages are as 

follows: 

1.-Claim of Plaintiff BONNIE BALDERRAMA

*Please note that this amount is based on a preliminary calculation and that these figures 

could be subject to modification as discovery could dictate. 

Florida's minimum wage is higher than the federal minimum wage. As per FLSA 

regulations, the higher minimum wage applies.

a. Total amount of alleged unpaid wages:

One Thousand Two Hundred Ten Dollars and 00/100 ($1,210.00)

b. Calculation of such wages: 

Total period of employment: 22 weeks

Total relevant weeks: 22 weeks 

Total number of hours worked: 35 hours weekly

Total number of regular unpaid hours: 3 hours

Florida minimum wage 2022: $10.00 an hour 

1.- Minimum wages for 3 regular unpaid hours weekly during 22 weeks

$10.00 x 3 hours = $30.00 weeekly x 22 weeks=$660.00

2.- Minimum wage for 2.5 lunch hours unproperly deducted. 

$10.00 x 2.5 hours=$25.00 x 22 weeks = $550.00

Total #1, and #2: $1,210.00

c. Nature of wages:

This amount represents unpaid minimum wages at the Florida minimum wage rate.

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 7 of 10
Page 8 of 10

2.-Claim of Plaintiff BONNIE L. BALDERRAMA

*Please note that this amount is based on a preliminary calculation and that these figures 

could be subject to modification as discovery could dictate. 

Florida's minimum wage is higher than the federal minimum wage. As per FLSA 

regulations, the higher minimum wage applies.

a. Total amount of alleged unpaid wages:

Four Hundred Eighty-One Dollars and 20/100 ($481.20)

b. Calculation of such wages: 

Total period of employment: 12 weeks

Total relevant weeks: 12 weeks 

Wage rate paid: $6.98 plus tips

Florida minimum wage 2022: $10.00 an hour 

1.- Minimum wage for 2.5 lunch hours unproperly deducted during 12 weeks. 

$10.00 x 2.5 hours=$25.00 x 12 weeks = $300.00

2.- Minimum wages for 5 regular (non-tippable activities) unpaid hours weekly 

during 12 weeks

$10.00 -$6.98 = $3.02 x 5 days=$15.10 weeekly x 12 weeks=$181.20

Total #1, and #2: $181.20

c. Nature of wages:

This amount represents unpaid minimum wages at the Florida minimum wage rate.

32. Defendant YVE HOTEL MIAMI unlawfully failed to pay minimum wages to Plaintiffs 

BONNIE BALDERRAMA and BONNIE L. BALDERRAMA. Plaintiffs seek to recover 

for minimum wage violations accumulated during their relevant time of employment. 

33. Defendant knew and showed reckless disregard for the provisions of the Act concerning 

the payment of minimum wages as required by the Fair Labor Standards Act.

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 8 of 10
Page 9 of 10

34. Defendant YVE HOTEL MIAMI willfully and intentionally refused to pay Plaintiffs

minimum wages as required by the law of the United States and remains owing Plaintiffs

these minimum wages as set forth above. 

35. Plaintiffs have retained the law offices of the undersigned attorney to represent them

individually and on behalf of the asserted class and incurred attorney's fees and costs in 

bringing this action. Pursuant to 29 U.S.C § 216 (b), Plaintiffs are entitled to recover 

reasonable attorney's fees and costs. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs BONNIE BALDERRAMA and BONNIE L. BALDERRAMA 

respectfully request that this Honorable Court: 

A. Enter judgment for Plaintiffs BONNIE BALDERRAMA and BONNIE L. 

BALDERRAMA and against Defendant YVE HOTEL MIAMI, based on Defendant's

willful violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and other 

Federal Regulations; and

B. Award Plaintiffs actual damages in the amount shown to be due for unpaid minimum 

wages, with interest; and

C. Award Plaintiffs an equal amount in double damages/liquidated damages; and

D. Award Plaintiffs reasonable attorneys' fees and costs of suit; and 

E. Grant such other and further relief as this Court deems equitable and just and/or 

available pursuant to Federal Law. 

JURY DEMAND

Plaintiffs BONNIE BALDERRAMA and BONNIE L. BALDERRAMA and those similarly 

situated demand a trial by a jury of all issues triable as of right by a jury

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 9 of 10
Page 10 of 10

DATED: August 21, 2022, 

 Respectfully submitted, 

 By: _/s/ Zandro E. Palma____

 ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031

 9100 S. Dadeland Blvd.

 Suite 1500

 Miami, FL 33156

 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 zep@thepalmalawgroup.com

 Attorney for Plaintiffs 

Case 1:22-cv-23256-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 10 of 10