PRIVILEGED & CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION / ATTORNEY WORK PRODUCT
Dear Mr. Fuentes,
My name is Nadia Petrov, and I am the lead associate at Calderwood & Harkness LLP working with Bernard Crawford on the pre-litigation wage-and-hour audit for Verimark Hospitality Group Inc. ("VHG") (Matter No. 1021-00005). I understand that Devin Arroyo has briefed you on our engagement and the litigation hold issued on January 17, 2026.
I am writing to transmit the formal document and data collection request list (attached) and to highlight the highest-priority items we need on an expedited basis. As you know, this matter arises from the demand letter dated January 14, 2026, from Garza, Linden & Okafor LLP on behalf of their client. Our response deadline is February 28, 2026, which makes prompt data collection essential. I want to thank you in advance for your cooperation in helping us meet this timeline.
**I. SCOPE OF REQUEST — PROPERTIES**
Our initial audit focuses on the seven at-issue properties identified in the demand letter:
1. Verimark Regency Tampa — 1200 North Westshore Boulevard, Tampa, FL 2. Verimark Grand Orlando — 8750 International Drive, Orlando, FL 3. Verimark Shores Clearwater — 455 Mandalay Avenue, Clearwater Beach, FL 4. Verimark Bayfront St. Petersburg — 100 First Avenue South, St. Petersburg, FL 5. Verimark Resort & Spa Boca Raton — 2600 North Ocean Boulevard, Boca Raton, FL 6. Verimark Oceanview Fort Lauderdale — 3030 Holiday Drive, Fort Lauderdale, FL 7. Verimark Key West Collection — 1500 Reynolds Street, Key West, FL
These seven properties collectively employ approximately 2,620 individuals, of whom approximately 1,895 are hourly, non-exempt workers.
**II. DATE RANGE FOR DATA**
We are requesting all data from **January 1, 2021 through present**. This date range is designed to cover the longest applicable limitations period—the five-year period for Florida constitutional minimum-wage claims under Fla. Stat. § 95.11(2)(b), looking back from the January 14, 2026 demand letter date. While the FLSA lookback extends only to January 14, 2023 (three-year willful) or January 14, 2024 (two-year non-willful), the broader date range is necessary to capture all potentially relevant records.
For Luminos TimeTrack data specifically, we request records from **January 1, 2022** (the date VHG transitioned payroll to Luminos Payroll Solutions Inc.) **through present**.
**III. PRIORITY DATA ITEMS**
While the attached request list contains the full itemized inventory, I want to highlight the following highest-priority items. We would appreciate production of these within **7–10 business days** if at all possible:
**a. Luminos TimeTrack Exports**
We need full time-punch data (clock-in/clock-out records) for all hourly, non-exempt employees at the seven properties, exported from VHG's Luminos account (System ID: LTT-VHG-2022-0041). Please provide the data in an exportable electronic format—CSV or Excel is strongly preferred.
Calderwood & Harkness has separately sent a data preservation request to Shannon D. Prewitt at Luminos, but we need you to authorize and coordinate the export from VHG's side. Could you please identify VHG's internal point of contact who has administrative access to the Luminos TimeTrack platform?
**b. Auto-Deduction Configuration Records**
We need the complete configuration history for the automatic meal-break deduction rule (Rule ID: AR-MEAL-030), which auto-deducts 30 minutes per shift of 6+ hours. Specifically, we are looking for:
- Documentation of when this rule was implemented and any modifications made to the rule over time; - Any exception or override procedures that allow employees or supervisors to correct erroneously deducted time; and - Any reports or logs showing instances where the auto-deduction was overridden or corrected.
**c. Payroll Registers**
We need complete payroll registers for all hourly employees at the seven properties for the full date range (January 1, 2021 through present), showing gross pay, hours worked (regular and overtime), deductions, net pay, and rate of pay. We also need wage statements/pay stubs for the same population and period.
**d. Overtime Calculation Methodology**
Please provide any documentation of how Luminos (or VHG internally) calculates the regular rate of pay for overtime purposes under 29 U.S.C. § 207(a), including the treatment of shift differentials, bonuses, or other non-discretionary compensation in the regular-rate calculation.
**e. Tip Pool Records**
We need the following for front-desk and concierge employees at each of the seven properties:
- Records of tip-pool distributions; - Documentation of tip-credit notices provided to employees; and - Records showing the cash wage paid to tipped employees versus the tip credit claimed (for reference, the current tipped minimum wage is $10.98/hour, reflecting Florida's $14.00 minimum wage minus the $3.02 tip credit).
**f. Exemption Classification Documentation**
Please provide a list of all employees at the seven properties currently or formerly classified as exempt under the FLSA administrative exemption, particularly those holding "lead" and "senior" hourly role titles. For each such employee, we will need the corresponding job description, salary records, and any duties analyses supporting the exemption classification.
**IV. ADDITIONAL ITEMS**
The attached data collection request list (data-collection-request-list.docx) contains the full, itemized inventory of all documents and electronic data requested, organized by category. In addition to the priority items above, the list includes requests for:
- Scheduling records and shift schedules; - Employee handbooks and HR policy manuals (Bernard Crawford is separately requesting these from Carla Whitfield, VP of Human Resources); - Internal audit reports related to payroll or timekeeping; - Correspondence regarding wage complaints or payroll corrections; and - Job code tables and position classifications.
Please note that for all electronic data, we require production in CSV, Excel, or native database export format. **We ask that you not convert spreadsheets or database exports to PDF**, as this significantly impedes our analysis.
**V. COORDINATION WITH LUMINOS PAYROLL SOLUTIONS INC.**
My colleague James Underwood will be coordinating directly with Shannon D. Prewitt at Luminos regarding data preservation and export logistics. To facilitate this process, we ask that you provide any necessary authorizations or account-access permissions so that Luminos can work with our team on the data export. For reference, VHG's Luminos account identifier is LTT-VHG-2022-0041.
**VI. SPECIFIC CLAIMANT DATA**
As an immediate priority, we need the complete personnel file, time records, pay history, and any complaints or disciplinary records for the named claimant, **Daniela M. Serrano** (Employee ID: VHG-EMP-20220314-5587). Ms. Serrano was employed as a front-desk associate at Verimark Regency Tampa from March 14, 2022 through August 22, 2025. Her records are essential for validating the specific allegations set forth in the demand letter, and we would appreciate receiving them as soon as possible.
**VII. PRIVILEGE AND CONFIDENTIALITY**
I want to remind you that all communications with Calderwood & Harkness regarding this matter are protected by attorney-client privilege and should not be shared outside the authorized group identified in the litigation hold memorandum of January 17, 2026. If you have any questions about the scope of the hold or data preservation obligations, please direct them to Devin Arroyo or to our team directly.
**VIII. NEXT STEPS**
I would like to propose a call or meeting—in person or by video—during the **week of February 10, 2026**, to walk through the data collection list in detail, discuss any access or technical issues, and establish a rolling production schedule. Please let me know your availability, and I will coordinate with the other participants on this email.
Thank you very much for your prompt attention to these requests. I understand this is a significant undertaking, and we are committed to making the process as efficient as possible. Please do not hesitate to reach out with any questions.
Best regards,
**Nadia Petrov** Senior Associate, Labor & Employment Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Phone: (305) 814-2263 Email: npetrov@calderwoodharkness.com
**Attachment:** Data Collection Request List — VHG Wage-and-Hour Audit (data-collection-request-list.docx)
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