Contract analysis

I. INTRODUCTION AND PURPOSE This Document and Data Collection Request List (this "Request List") identifies all documents and electronically stored information ("ESI") that Calderwood & Harkness LLP ("Calderwood & Harkness" or "Outside Counsel") requires from Verimark Hospitality Group Inc. ("VHG" or the "Company") and from its payroll processor, Luminos Payroll Solutions Inc. ("Luminos"), in connection with the pre-

1. Unpaid overtime under Section 207(a) of the Fair Labor Standards Act, 29 U.S.C. § 207(a), including allegations that VHG failed to pay one-and-one-half times the regular rate of pay for hours worked in excess of forty (40) in a workweek;

2. Improper automatic meal-break deductions, specifically the allegation that VHG's timekeeping system automatically deducts thirty (30) minutes per qualifying shift for a meal break regardless of whether the employee actually received an uninterrupted, duty-free meal period;

3. Uncompensated pre-shift and post-shift work, including allegations that hourly employees were required to perform work activities — such as donning and doffing uniforms, attending shift-handover briefings, booting up and shutting down computer systems, and reviewing guest-services logs — before clocking in or after clocking out, and that such time was not compensated;

4. Florida tipped-employee minimum-wage non-compliance under Article X, Section 24 of the Florida Constitution, including allegations that VHG failed to satisfy the notice and documentation requirements for the tip credit and failed to ensure that tipped employees' combined direct wages and tips equaled or exceeded the full applicable minimum wage; and

5. Alleged misclassification of "lead" and "senior" hourly roles under the FLSA administrative exemption, 29 C.F.R. Part 541, including the allegation that certain positions bearing "lead" or "senior" designations were improperly classified as exempt from overtime requirements notwithstanding that the duties actually performed by employees in those roles did not satisfy the administrative-exemption duties test. This

II. GENERAL INSTRUCTIONS The following general instructions apply to all requests set forth in Section III of this Request List unless a specific request states otherwise. VHG and Luminos personnel responsible for collection and production should review these instructions carefully before beginning the collection process. A. Scope — Properties at Issue All requests in this Request List apply to the following seven Ve

1. VHG and its personnel should not produce any documents responsive to this Request List to any third party — including Claimant's Counsel, governmental agencies, co-defendants, or any other person or entity — without the prior written approval of Calderwood & Harkness.

2. Any documents located during the collection process that may be subject to a pre-existing privilege — for example, prior legal opinions on wage-and-hour compliance, communications with prior outside counsel, or internal legal memoranda prepared by VHG's General Counsel — should be flagged and logged separately on a privilege log. Do not produce such documents to Calderwood & Harkness until the privilege-log entrie

3. Inadvertent production of privileged documents by VHG will not constitute a waiver of privilege. Calderwood & Harkness will implement clawback protocols, as described in Section IV.C below, to address any inadvertent disclosures. F. Coordination with Luminos Payroll Solutions Inc. Requests within this Request List that are identified with the designation "[Luminos]" are directed, in whole or in part, to Luminos Pa

III. REQUEST CATEGORIES CATEGORY 1: TIMEKEEPING DATA AND RECORDS [PRIORITY] Category 1 requests address the core timekeeping data that will form the foundation of the overtime, meal-break, and off-the-clock analyses. Given the centrality of this data to the preliminary exposure assessment, Category 1 is designated as a Priority category, and VHG and Luminos are requested to prioritize production of these items by Feb

IV. PRODUCTION TRACKING AND CONTACT INFORMATION A. Production Log VHG and Luminos should maintain a detailed production log for all documents and data produced in response to this Request List. The production log should include, for each production: (a) The date of production; (b) The Request List category and request number to which the production is responsive; (c) A brief description of the documents or data produ