What is the Lawsuit About?
In 2019, a lawsuit was filed in federal court by Tammie Marquez, Neesha Perez, and Josiah Chumba (the “Representative Plaintiffs”) alleging that
registered nurses who worked at Menorah from July 3, 2016 to February 28, 2019 had their hours improperly reduced, either through the deduction of
30-minute meal periods that were purportedly not actually taken, or through the adjustment of clock-in and clock-out times to align the punch times
with the designated shift times, even when a nurse might have purportedly arrived early or stayed late. The Lawsuit alleges that these practices violated
the Fair Labor Standards Act (“FLSA”) and Kansas state law. The Lawsuit is pending before the Honorable Daniel Crabtree in the United States District Court
for the District of Kansas, at Kansas City, Kansas.
What Does the Settlement Provide?
To settle this case, Menorah agreed to pay a total sum of up to $1,800,000.00 (“Global Settlement Fund”).
Your individual settlement amount is based on a formula that took into consideration the number of workweeks you worked within the time period
relevant in this Lawsuit, your hourly rates of pay and the number of hours you worked during that time period.
Your Legal Rights and Options in This Settlement
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SUBMIT A CLAIM FORM AND RECEIVE SETTLEMENT AWARD
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Submit a Claim Form and receive your settlement
check(s); your rights to pursue any claims regarding
your wages and compensation will be released as
described under “Scope of Release” below.
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OPT-OUT AND RETAIN RIGHT TO SUE
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You will not recover anything under this settlement,
but you will retain any rights you may have to pursue
any claims regarding your wages and compensation
brought under federal, state, or local law, subject to
the applicable statutes of limitations.
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OBJECT
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Write to the Court about why you do not like the
settlement and testify about the fairness of the
settlement. If you opt-out of the settlement, you will
not have a right to object to the settlement.
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DO NOTHING
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If you do not submit a Claim Form and do not opt-out
of the settlement, you will not receive a portion of the settlement,
and you will release your rights to pursue claims regarding your wages and compensation
under state law.
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Scope of Release
If you submit a timely Claim Form and do not submit an Opt-Out Request, for yourself, your heirs, agents, executors, administrators, personal representatives, successors, any future estates, assigns and beneficiaries, and any and all of them (collectively, the “Releasers”) you will voluntarily, and with the benefit of counsel, fully and forever release and discharge Menorah, HealthTrust Workforce Solutions, LLC, Health Midwest Ventures Group, Inc., and Health Midwest Medical Group, Inc. and any and all of their affiliates, parents, and subsidiary companies or divisions and any and all of their officers, directors, agents, employees, attorneys and the successors and assigns of any of them (collectively, the “Released Parties”) in their personal, individual, official and/or corporate capacities, from the claims asserted in the Lawsuit, and any and all FLSA and Kansas state-law wage-and-hour claims related to the claims asserted in the Lawsuit, including breach of contract and violation of state laws or regulations for unpaid compensation or a quantum meruit theory of recovery, and any other state law wage-and-hour-related claims of any kind related to the claims asserted in the Lawsuit, whether known or unknown, specifically asserted or not, which the Releasers may assert anywhere against the Released Parties, arising through the date the Court finally approves the settlement.
If you do not submit a timely Claim Form and do not submit an Opt-Out Request, for yourself, your heirs, agents, executors, administrators, personal representatives, successors, any future estates, assigns and beneficiaries, and any and all of them (collectively, the “Releasers”) you will voluntarily, and with the benefit of counsel, fully and forever release and discharge Menorah, HealthTrust Workforce Solutions, LLC, Health Midwest Ventures Group, Inc., and Health Midwest Medical Group, Inc. and any and all of their affiliates, parents, and subsidiary companies or divisions and any and all of their officers, directors, agents, employees, attorneys and the successors and assigns of any of them (collectively, the “Released Parties”) in their personal, individual, official and/or corporate capacities, from any and all Kansas state-law wage-and-hour-related claims asserted in the Lawsuit, including breach of contract and violation of state laws or regulations for unpaid compensation or a quantum meruit theory of recovery, and any other state law wage-and-hour-related claims of any kind related to the claims asserted in the Lawsuit, whether known or unknown, specifically asserted or not, which the Releasers may assert anywhere against the Released Parties, arising through the date the Court finally approves the settlement.