Dear Carla,
I hope this message finds you well. I am writing in connection with Matter No. 1021-00005 — the pre-litigation wage-and-hour audit that Verimark Hospitality Group retained Calderwood & Harkness to conduct following receipt of the demand letter from Garza, Linden & Okafor LLP dated January 14, 2026. As part of our scoping-phase document and data collection, we have identified a number of categories of HR-related documents and policies that we will need to review promptly. This email sets forth those requests in detail.
I am copying Devin Arroyo for visibility given his role as General Counsel. I am also copying Nadia Petrov and James Underwood from our team, who will serve as your primary points of contact for coordinating the document collection going forward.
Please note that this communication is protected by the attorney-client privilege and the work-product doctrine and should be treated accordingly. I address this further at the end of this message.
Our specific requests are organized by category below:
**1. Employee Handbook — Current and Historical Versions**
We request the current version of the VHG Employee Handbook (we understand this to be version 7.2, effective January 1, 2025), as well as all prior versions of the handbook that were in effect at any time from January 1, 2021 through the present. This lookback period is designed to cover the longest potentially applicable statute of limitations, which is five years for Florida constitutional minimum-wage claims under Fla. Stat. § 95.11(2)(b).
We are specifically interested in any provisions addressing the following topics, though we ask that you provide the handbooks in their entirety rather than excerpting individual sections:
- Overtime authorization and compensation - Meal and rest break policies - Timekeeping procedures - Tip-pool or tip-credit arrangements - Uniform requirements - Employee classification and exemption designations
In addition, please provide any addenda, supplements, or property-specific handbook variations applicable to the seven at-issue properties:
- Verimark Regency Tampa - Verimark Grand Orlando - Verimark Shores Clearwater - Verimark Bayfront St. Petersburg - Verimark Resort & Spa Boca Raton - Verimark Oceanview Fort Lauderdale - Verimark Key West Collection
Finally, please advise whether VHG retains handbook acknowledgment and receipt forms signed by employees upon hire or upon distribution of updated handbooks. If so, we would appreciate representative samples from each of the seven properties for the relevant period.
**2. Meal-Break Policies and Procedures**
We request all written policies, memoranda, training materials, and standard operating procedures relating to meal breaks at the seven properties identified above. We are specifically interested in the following:
- Any policy or system configuration governing the automatic 30-minute meal-break deduction applied to shifts of six hours or more, including the circumstances under which the deduction is applied and the basis for the practice; - The exception or correction process available to employees who are unable to take an uninterrupted 30-minute meal break, including any forms, approval workflows, or system-based mechanisms for reporting missed or shortened breaks; - Whether employees are required to remain on-call or on the premises during meal breaks at any of the seven properties; and - Any property-level variations in meal-break practices or procedures.
We also ask whether there is any documentation — whether formal complaints, exception requests, HR inquiries, or similar records — reflecting employee concerns about missed or interrupted meal breaks during the relevant period.
**3. Uniform and Donning/Doffing Procedures**
Please provide any policies or procedures relating to employee uniforms at the seven properties, including but not limited to:
- Whether employees are required to don and doff uniforms on-site; - The location of uniform changing facilities relative to employees' primary workstations; - Whether time spent changing into and out of required uniforms is treated as compensable working time; and - Any guidelines regarding expected pre-shift arrival times and post-shift departure procedures.
In addition, please provide any policies or directives addressing pre-shift activities such as computer boot-up and system log-in requirements, as well as shift-handover briefing protocols. These are among the activities alleged to constitute uncompensated work time, and we will need to understand VHG's written policies and practices in this area.
**4. Tip-Pool Policies and Tip-Credit Documentation**
We request all written policies governing tip pooling at the seven properties, with particular attention to policies applicable to front-desk and concierge roles. Specifically, please provide:
- Documentation identifying which positions or job codes participate in tip pools at each property; - Documentation showing how tip-pool distributions are calculated and recorded; - Any documentation reflecting whether VHG claims a tip credit against the Florida minimum wage for any employees (for reference, the current Florida tipped-employee minimum wage is $10.98 per hour, reflecting the $3.02 tip credit against the $14.00 general minimum wage effective September 30, 2025); - Copies of any notices provided to employees regarding tip-credit claims, as required under applicable law; and - All prior versions of tip-pool and tip-credit policies in effect at any time since January 1, 2021.
**5. Overtime Authorization and Compensation Procedures**
We request all written policies and procedures governing overtime authorization and compensation, including:
- Whether prior management approval is required before an employee may work overtime hours; - How overtime is tracked and calculated in connection with VHG's timekeeping system; - Any policies governing the rounding of hours worked; - Any memoranda, directives, or other communications from property-level or corporate management regarding overtime restrictions, caps, or budgetary controls on overtime.
We also request any documentation of the overtime calculation methodology used by VHG, including the methodology for determining the regular rate of pay for employees who receive non-discretionary bonuses, shift differentials, or other forms of premium pay. If this methodology is embedded in system configurations or payroll processing rules, a written description or summary would be helpful at this stage; Nadia Petrov is separately coordinating with Enrique Fuentes regarding the underlying payroll data.
**6. Employee Classification and Exemption Documentation**
We request the following materials relating to employee classification:
- Job descriptions for all positions at the seven properties that are currently classified as exempt under the FLSA, with particular attention to any "lead" or "senior" hourly roles that may have been classified as exempt under the administrative exemption; - Any exemption classification analyses, legal memoranda, or supporting documentation prepared in connection with the decision to classify those positions as exempt; - A complete list of all job titles and job codes at the seven properties that are currently classified as exempt, along with the stated basis for each exemption classification; and - Any prior internal reviews, audits, or assessments of exemption classifications conducted at any time during the lookback period.
**Format and Delivery**
Where available, we ask that documents be provided in electronic form — PDF for finalized documents, and native format (e.g., Word, Excel) for working documents, spreadsheets, and similar materials. To the extent practicable, please organize the materials by category (corresponding to the numbered sections above) and by property where property-specific variations exist.
To the extent that any of the requested policies overlap with the domain of Enrique J. Fuentes, Director of Payroll & Workforce Compliance, we would appreciate your coordinating with him as needed. As noted, Nadia Petrov has separately reached out to Enrique regarding the payroll data and related system documentation from Luminos. We will also be transmitting — or in some cases have already transmitted — a broader data collection request list covering the full universe of documents and data we anticipate needing; this email is intended to address the HR policy materials specifically.
**Timeline**
Given that the deadline to respond to the Garza, Linden & Okafor demand letter is February 28, 2026, and given our need to have the relevant materials in hand well in advance of that date, we respectfully ask that you provide an initial response — even if partial — by no later than **Saturday, February 14, 2026**. We understand that assembling historical versions of policies dating back to 2021 may require additional time, and we are happy to accept a rolling production. We would ask, however, that current versions of all policies in Categories 1 through 6 be prioritized in the initial production.
**Privilege and Confidentiality**
As a reminder, this document collection is being conducted under the direction of outside counsel as part of a privileged pre-litigation assessment. All communications between Calderwood & Harkness and VHG personnel in connection with this matter, as well as documents gathered at our direction for purposes of rendering legal advice, should be treated as protected by the attorney-client privilege and the attorney work-product doctrine. We ask that you refrain from broadly disseminating this request beyond those individuals whose assistance is necessary for the collection effort. Any questions regarding the scope of the litigation hold or document preservation obligations should be directed to Devin Arroyo or to our team at Calderwood & Harkness.
Thank you, Carla, for your cooperation and your attention to these requests. I know this is a substantial ask, and we appreciate VHG's responsiveness as we work through the assessment. If you have any questions about the categories listed above or would find it helpful to discuss by phone, please do not hesitate to reach out. You can reach me directly at (305) 814-2200. For day-to-day follow-up on the document collection, Nadia Petrov will be your primary contact and can be reached at npetrov@calderwoodharkness.com or (305) 814-2247.
Best regards,
**Bernard Crawford** Partner Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Tel: (305) 814-2200 Email: bcrawford@calderwoodharkness.com
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