EXHIBIT C 

Case 1:22-cv-23074-BB Document 237-3 Entered on FLSD Docket 12/22/2023 Page 1 of 6
November 10, 2022 

Via U.S. Mail 

450 North River Drive LLC 

450 N.W. North River Drive Miami, FL 33128 RJ River, LLC 

450 N.W. North River Drive 

Miami, FL 33128 Roman Jones 

7601 Old Cutler Road 

Coral Gables, FL 33143 

RE: Octavio Collado vs. 450 North River Drive, LLC d/b/a Kiki On The 

River, RJ River, LLC, and Roman Jones 

Minimum Wage Only Demand Pursuant to Fla. Stat. §448.110 Inadmissible 

Pre-Suit Settlement Demand 

Dear Mr. Jones: 

This letter is directed to 450 North River Drive, LLC d/b/a Kiki On The River, RJ River, 

LLC, and Roman Jones, who are collectively referred to hereinafter as the “Kiki on the River”. 

My office represents Octavio Collado, Yordan Acosta, Francis Taylor, Augusto Guerra, and 

Patricia Buraschi as well as a putative class of other similarly situated “tipped front of the house 

workers” (captains, servers, assistants, and/or bussers) who worked for Kiki on the River at its 

restaurant in Miami from November 2017 onwards, and who are seeking unpaid gratuities 

(tips/overtips) under Article X, §24 of the Florida Constitution. Please accept this letter as the presuit notice pursuant to Fla. Stat. §448.110(6) regarding the amounts due and owing to the putative 

class of such tipped front of the house workers in the amount of approximately $18,928,000.00. 

Demand for the Preservation of Evidence 

Kili on the River and its , agents are instructed to maintain all information, documents, 

and materials related to the employment of Octavio Collado, Yordan Acosta, Francis Taylor, 

Augusto Guerra, and Patricia Buraschi as well as a putative class of other similarly situated “tipped 

  

front of the house workers” (captains, servers, assistants, and/or bussers) who worked for Kiki on 
all tips/overtips were distributed. This request includes both paper records and electronic data. 

Understand that the loss or destruction of any of this evidence could lead to the imposition of 

sanctions should we proceed to litigation. 

The Facts 

Although the clients named in this Notice are Octavio Collado, Yordan Acosta, Francis 

Taylor, Augusto Guerra, and Patricia Buraschi, the legal claim they are pursuing ~ unpaid 

minimum wages (including tips) — is an issue common to nearly all the tipped front of the house 

workers at Kiki on the River since November 2017. 

Octavio Collado, the Plaintiff in the pending lawsuit, thus seeks to represent a composed of 

all similarly situated tipped hourly workers employed by your clients during the last five (5) years 

as a class action pursuant to Fla. R. Civ. P. 1.220, Fed. R. Civ. P. 23, Art. X, §24 of the Fla. Const., 

and/or Fla. Stat. §448.110. 

Each of these workers allege that they were not paid the proper minimum wages pursuant 

to Article X, Section 24 of the Florida Constitution because Kiki on the River, based upon my 

review, intentionally failed to pay its workers all the tips they earned — including overtips — whether 

because Kiki on the River kept the money for itself or because it improperly distributed tips to 

traditionally non-tipped employees. 

Octavio Collado, already filed a lawsuit for unpaid gratuities (tips/overtips) under the 

FLSA, which is presently pending in S.D. Fla. Case No.: 1:22-CV-23074-BLOOM, in which 

Yordan Acosta, Francis Taylor, Augusto Guerra, and Patricia Buraschi joined as Opt-In Plaintiffs. 

Mr. Collado, Mr. Acosta, Ms. Taylor, Mr. Guerra, and Ms. Buraschi seek to pursue similar a claim 

for unpaid tips (overtips) under Fla. Stat. §448.110, e#. Seg, and Art. X, §24, Fla. Const. (the Florida Minimum Wage Act), since Kiki on the River paid the reduced minimum wage during and intended for the gratuities to make up the differential. During the last five (5) years, Kiki on the 

River utilized a policy common to all its tipped front of the house workers, whereby it appears that 

Kiki on the River failed to pay these employees all the (discretionary) gratuities (tips/overtips) left 

by patrons. Employers such as Kiki on the River are prohibited from keeping tips for any purpose, 

including allowing managers or supervisors to keep ay portion of employees’ tips. 

Based on our investigation, Kiki on the River appears to employ approximately 19 

Captains, 17 Servers, and 20 Bussers (including food runners), for a total of approximately 56 

tipped front of the house employees on staff at any given time. Accounting for turnover of approximately 20% per year within the last five (5) years we believe there are, conservatively, at 

 

 —

‘nee 

  
identifying the actual employees involved. 

   

Minimum Wages At Issue 

    

 

 

Dates Full Minimum Wage| Tip Credit Wage 

an. 1, 2017 to Dec. 31, 2018 $8.10 $5.08 

Jan. 1, 2019 to Dec. 31, 2019 $8.25 $5.23 

an. 1, 2019 to Dec. 31, 2020 $8.46 $5.44 an. 1, 2020 to Dec. 31, 2021 $8.56 $5.53 an. 1, 2022 to Sept. 29, 2022 $8.65 $5.63 

Sept. 30, 2021 — Sept. 29, 2022 $10.00 $6.98 

 

Sept. 30, 2022 — Sept. 29, 2023 $11.00 $7.98 

Estimate of Gratuities Owed 

In the absence of actual paychecks provided to my clients and the class and the records 

reflecting the gratuities left by patrons and the gratuities paid out, my clients estimate the following 

work dates alleged unpaid wages (tips/overtips) for which payment is sought: 

a. Octavio Collado| 

From September 23, 2019 to January 23, 2021 

(approximately 116 weeks) 

Estimated $1,500.00 in tips (overtips) owed for every week he worked. 

$1,500.00 x 116 weeks = $174,000.00 in tips (overtips) owed 

b. Yordan Acosta 

 Frora September 23, 2019 to June 23, 2021 

(approximately 86 weeks) 

Estimated $1,000.00 in tips (overtips) owed for every week he worked. 

$1,000.00 x 86 weeks = $86,00.00 in tips (overtips) owed 

 

c. Francis Taylor 

 

  
Estimated $500.00 in tips (overtips) owed for every week he worked. 

$500.00 x 90 weeks = $45,000,000.00 tips (overtips) owed 

d. Augusto Guerra 

From November 8, 2017 to September 27, 2022 

(approximately 254 weeks) 

Estimated $2,000.00 in tips (overtips) owed for every week he worked. 

$2,000.00 x 254 weeks = $381,000,000.00 tips (overtips) owed 

e. Patricia Buraschi 

From December 12, 2018 to March 18, 2020 

(approximately 66 weeks) 

Estimated $1,500.00 in tips (overtips) owed for every week he worked. 

$1,500.00 x 66 weeks = $99,000.00 tips (overtips) owed 

Class Estimates and Allegations 

Since I have incomplete information for the remaining workers, the foregoing estimates 

will be used to estimate for the remaining workers for whom we do not have records. Admittedly, 

this is only a rough estimate based on the limited data available at this time, but I am assuming at this time that Kiki on the River, over the last five (5) years, had on average of 56 tipped front of 

the house workers on staff at a given week. Taking an average of the estimated amount(s) owed in 

unpaid/underpaid tips (including overtips) from the above, we conservatively estimate that Kiki on the River failed to pay each member of the class approximately $1,300 each week in tips. Thus, 

the class damages are calculated as follows: 

$1,300/week x 56 workers/week x 260 weeks = $18,928,000.00 

Thus, to resolve the Florida Minimum Wage Act claims asserted herein, Kiki on the River 

must pay $18,928,000.00 to the class of tipped hourly workers employed in the State of Florida over the last five (5) years for these unpaid/underpaid tips. Further, any such tender must be 

accompanied by relevant pay and time records for each putative class member, so that we may 

  

confirm that this amount is adequate pay for the tips owed to each person. 
wages. Therefore, to the extent any attempt is made to penalize, discipline, punish, threaten, 

intimidate, or discriminate against our clients or any member of the putative class, we will pursue 

a claim for retaliation pursuant to Fla. Stat. § 448.110(5). Although I believe this pre-suit 

requirement to be unconstitutional, this notice is sent pursuant to Fla. Stat. § 448.110(6). Your 

clients have fifteen (15) calendar days from receipt of this notice to tender the amounts above and 

provide the relevant documentation demanded to the undersigned. 

This demand is not intended to compromise or satisfy any claim other than for 

unpaid/underpaid minimum gratuities recoverable under the Florida Minimum Wage Act, as set forth above which were earned. by and due to Octavio Collado, Yordan Acosta, Francis Taylor, 

Augusto Guerra, and Patricia Buraschi, and others similarly situated. This letter is therefore, without prejudice to my clients’ ability to assert and ultimately recover for any other claim, 

damages, penalties, etc., not set forth above, including for unpaid/underpaid minimum wages (including gratuities) recoverable under the Fair Labor Standards Act, and all liquidated damages, attorneys’ fees, and costs of litigation recoverable therein. 

If you have any questions about this notice or the legal grounds for the putative class action, 

please contact my office and I will be happy to answer any questions you may have. If you deny 

liability for failure to pay the minimum wages (tips/overtips) detailed in this notice, then please provide me with the details of such defenses so that my clients may consider them prior to pursuing 

a claim in court for themselves and others similarly situated. 

Sincerely, 

 

ollock, Esq. 

. 

brian@fairlawattorney.com 

ce: Allan S. Reiss, Esq. (via email only: asr@levinelawfirm.com) 

Reynaldo Velazquez, Esq. (via email 

 

only: 

Rey. Velazquez@jacksonlewis.com) 

 

 

 

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