In September 2022, FairLaw Firm filed a federal lawsuit for Octavio Collado against 450 North River Drive, who operates Kiki on the River, along with RJ River and Roman Jones, alleging that they were his “employers” who failed to properly tips in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201, et seq., on behalf of one of our clients. Mr. Collado then amended his lawsuit after complying with the pre-suit requirements imposed by Fla. Stat. §448.110 and the Florida Constitution to seek to recover the tips improperly retained or distributed by the Defendants under Florida statutory and common law. In this lawsuit, FairLaw Firm seeks to recover for Mr. Collado and the others similarly situated the improperly distributed tips and either double (liquidated) damages or interest on the tips at issue, plus attorneys’ fees and costs. Multiple former employees who worked at Kiki on the River have already joined the lawsuit. The docket for this lawsuit, Collado vs. 450 North River Drive, LLC, RJ River, LLC d/b/a Kiki on the River, and Roman Jones, S.D. Fla. Case No.: 1:22-CV-23074-BLOOM can be viewed by clicking here.
The Court has not yet ruled on whether 450 North River Drive, who operates Kiki on the River, RJ River or Roman Jones violated any laws or whether anyone is entitled to recover damages. The Court required the parties to try and resolve this case – or some of the issues – at a settlement conference held on March 1, 2023. Unfortunately, the parties were unable to resolve any issues at that time.
Mr. Collado asked the Court to assemble a collective action under §216(b) of the FLSA so that he can send notice to all current and former captains, servers, and bussers who worked at Kiki on the River during the last three years to allow them to decide whether to join his lawsuit. If the Court grants Mr. Collado’s motion, the Court will require that he receive contact information for certain categories of employees to allow him to notify them of their rights. The methods of notification, and the notices themselves, will be in the format(s) approved by the Court. The Court will also establish a deadline for anyone who seeks to join the lawsuit. The Court has not yet ruled on this Motion.
Mr. Collado, the named Plaintiff, is proceeding on his Second Amended Complaint. You can download a free copy of the Second Amended Complaint by clicking this link. The Defendants responded to the Second Amended Complaint by asking the Court to dismiss the claims, a copy of which you can download here for free. The Reply to the Defendants’ Joint Motion to Dismiss can be downloaded here for free. The Court scheduled an in-person hearing for March 29, 2023, for the attorneys to argue the issues raised in Defendants’ Joint Motion to Dismiss. Mr. Collado’s Response in Opposition to the Defendants’ Joint Motion to Dismiss can be downloaded for free by clicking this link.
