ZOE PURVIS-WOLF v. IR TIKI LLC d/b/a PINEDA INN BAR & GRILL Settlement

The purpose of the Notice is to inform you that a proposed Settlement has been reached in the putative class action lawsuits entitled Zoe Purvis-Wolf vs. IR Tiki LLC d/b/a Pineda Inn Bar & Grill., which was filed in the Circuit Court of Brevard County. Because your rights will be affected by this Settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the settlement and your rights under it.

If you received a letter describing this settlement, it is because Defendant’s records indicate that you may be a member of the Settlement Class. The members of the Settlement Class include:

All tipped staff employed by Pineda Inn Bar & Grill who had a “tip credit” applied to their hourly wage during the relevant time period of April 2021 through August 2023, who were not paid minimum wage compensation as required by the Florida Minimum Wage Act

Excluded from the Settlement Class are: (1) the judge presiding over this case; (2) the judges of the Florida Appellate Court; (3) the immediate families of the preceding person(s); (4) any Released Party; and (5) any Settlement Class Member who timely opts out of this Action.

In a class action, a person called a Class Representative (here, Plaintiff) sues on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

Here, Plaintiff filed a putative class action lawsuit in Brevard County Circuit Court asserting that Pineda Inn applied a tip credit for non-tipped employees during from April 2021 to August 2023 in violation of the Florida Minimum Wage Act. Defendant has denied all liability and presented defenses to the claim prior to entering in to this Class Settlement. The Court has conditionally certified a class action for settlement purposes only. The Honorable Patricia Strowbridge is in charge of this action.

The Court did not decide in favor of Plaintiff or Defendant. Instead, the parties agreed to this settlement. This way, the parties avoid the risk and cost of a trial, and the Settlement Class members will receive compensation. Plaintiff and Class Counsel think the settlement is best for all persons in the Settlement Class.

The Court has certified a class action for settlement purposes only. The Settlement Class is defined as:

All tipped staff employed by Pineda Inn Bar & Grill who had a “tip credit” applied to their hourly wage during the relevant time period of April 2021 through August 2023, who were not paid minimum wage compensation as required by the Florida Minimum Wage Act

A "Settlement Class Member" is any person in the Settlement Class who is not validly excluded from the Settlement Class. If you are still not sure whether you are included, you can visit other sections of the Settlement Website or you may write to the Settlement Administrator at Purvis-Wolf v Pineda, c/o Settlement Administrator, PO Box 23698, Jacksonville, FL 32241, for more information.

The Court has appointed the law firm of Grossman Law, P.A. as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by this lawyer.

Class Counsel will ask the Court to approve payment of up to $70,000, including reasonable expenses. Class Counsel also will ask the Court to approve payment of $5,000 to Plaintiff for her services as Class Representatives. The Court may award less than these amount.

Cash Payments. All Settlement Class Members who submit valid Claim Forms will receive a cash payment of $2.00 per hour for non-tipped work during the Class Period, April 2021 to August 2023, which totals $120,000.00 for all class members. 

If you file a valid claim form, you will be paid $2.00 per hour for non-tipped work performed between April 2021 through August 2023 in the payment method you select on the claim form.

Unless you exclude yourself from the settlement, you will be part of the Settlement Class and will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot rely on any Released Claim to sue, or continue to sue, Defendant or other Released Parties, on your own or as part of any other lawsuit, as explained in the Settlement Agreement. It also means that all of the Court's orders will apply to you and legally bind you. Unless you exclude yourself from the Settlement, you will agree to release Defendant and all other Released Parties, as defined in the Settlement Agreement, from any and all claims for damages that arise under the Florida Minimum Wage Act.

If you have any questions about the Release or what it means, you can review the Settlement Agreement on the Important Court Documents page, speak to Class Counsel, listed under FAQ Question 6, for free; or, at your own expense, you may talk to your own lawyer. The Release does not apply to persons in the Settlement Class who timely exclude themselves.

To obtain a payment from the settlement you must make a claim. To make a claim, you must submit an online claim form on the Online Claim Submission page by October 23, 2026. If your claim is approved, payment will be sent to you in the manner you select.

The Court will hold a hearing on November 17, 2026, at 2:15 pm to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Settlement Class Members will be informed of the progress of the settlement through information posted on the Settlement Website. Please be patient.

If you want to keep the right to sue, or continue to sue Defendant or a Released Party, as defined in the Settlement Agreement, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting-out of, the Settlement Class.

A Settlement Class Member who wishes to exclude himself or herself from this Settlement, and from the Release pursuant to this Settlement, shall submit a written Opt-Out Request to the Settlement Administrator at the address designated in the Notice no later than the Opt­ Out/Objection Deadline. Opt-Out Requests must: (i) be timely submitted by the Opt­ Out/Objection Deadline; (ii) be signed by the person in the Settlement Class who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: "I request to be excluded from the SPM Property Management FRLTA Settlement, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement." No person may exclude any other person from the Settlement Class.

To be valid, you must mail your exclusion request postmarked no later than November 3, 2026, to the Settlement Administrator at Purvis-Wolf v Pineda, c/o Settlement Administrator, PO Box 23698, Jacksonville, FL 32241.

No. If you do not exclude yourself, you give up any right to sue (or continue to sue) Defendant or any Released Parties for the claims that this settlement resolves.

No. If you exclude yourself, you will not receive a settlement payment and you cannot object to the settlement.

If you are in the Settlement Class, you can object to the settlement or any part of the settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the settlement, or the award of any attorneys' fees and expenses, and/or any proposed service award.

To object, you must make your objection in writing, stating that you object to the Settlement. To be considered by the Court, you must personally sign the objection and provide the following information with it: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of reasons for the objection, including the factual and legal grounds for the objector's position; and
(iv) copies of any other documents the objecting Settlement Class Member wishes to submit in support of his/her/its position. To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than November 3, 2026.

Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself means that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

If you do nothing, you will not receive a payment from settlement but you will give up your rights to sue Defendant or any other released parties related to a released claim. For information relating to what rights you are giving up, see FAQ Question 10.

The Court will hold a Final Approval Hearing at 2:15 p.m. on November 17, 2026, via Zoom. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are valid objections that comply with the requirements in Question 16 above, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiff.

The Final Approval Hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Website for updates.

No. Class Counsel will appear on behalf of the Settlement Class. But, you are welcome to come, or have your own lawyer appear, at your own expense.

You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted to the Court according to the procedure set forth in Question 16 above. To speak at the Final Approval Hearing, you must also file a document with the Court stating your intention to appear. For this document to be considered, it must include your name, address, telephone number and your signature. The document must be filed with the Court no later than November 3, 2026. You cannot speak at the hearing if you exclude yourself from the settlement.

The notice is only a summary of the proposed settlement. You can get a copy of the settlement agreement on the Important Court Documents page, or you can write to the address below. You can also call Class Counsel with any questions at (815) 999-9130.

Purvis-Wolf v Pineda
c/o Settlement Administrator
PO Box 23698
Jacksonville, FL 32241

DO NOT CALL OR WRITE TO THE COURT, THE CLERK OF THE COURT, DEFENDANT, OR DEFENDANT’S COUNSEL ABOUT THE SETTLEMENT.

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Purvis-Wolf v Pineda, c/o Settlement Administrator, PO Box 23698, Jacksonville, FL 32241.

A copy of your marriage license, divorce decree or court order is required for a name change.

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Purvis-Wolf v Pineda, c/o Settlement Administrator, PO Box 23698, Jacksonville, FL 32241.

Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

Alternatively, you can submit the required documents by mail to: Purvis-Wolf v Pineda, c/o Settlement Administrator, PO Box 23698, Jacksonville, FL 32241.