105.  Plaintiff brings the First, Second, and Third Causes of Action, FLSA claims, on  behalf of himself and all similarly situated persons who work or have worked as Tipped Workers at  Mandrake and Kiki on the River from December 17, 2016 and the date of final judgment who elect  to opt-in to this action (the “FLSA Collective”).  95.11(3).   95.11(3).  Fair Labor Standards Act - Misappropriated Tips  (Brought on behalf of Plaintiff and the FLSA Collective)  136.  Plaintiff, on behalf of himself and the FLSA Collective, reallege and incorporate  by reference all allegations in all preceding paragraphs.   137.  The provisions regarding misappropriate gratuities set forth in the FLSA, 29 U.S.C.  §§ 201 et seq., and the supporting federal regulations, apply to Defendants and protect Plaintiff  and the FLSA Collective.     138.  Defendants unlawfully demanded or accepted, directly or indirectly, part of the  gratuities received by Plaintiff and the FLSA Collective in violation of § 203(m) of the FLSA and  the supporting United States Department of Labor Regulations.  139.  Defendants unlawfully retained gratuities and/or administrative fees intended for  Plaintiff and the FLSA Collective in violation of § 203(m) of the FLSA and the supporting United  States Department of Labor Regulations.  140.  As a result of Defendants’ willful violations of the FLSA, Plaintiff and the FLSA  Collective have suffered damages by having their gratuities misappropriated in amounts to be  determined at trial, and are entitled to recovery of such amounts, liquidated damages, attorneys’  fees and costs, and other compensation pursuant to 29 U.S.C. §§ 201 et seq.   