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10.04.2020

The Ensign Group Lawsuit

84

Oct 16, 2004  Suit alleges that 13 facilities run by Mission Viejo-based Ensign Group violated California standards. The group denies the charge. Nursing Home Firm Is Sued Over Staffing.

Since 1999, the independent operating affiliates of The Ensign Group (ENSG) have provided communities with compassionate, post-acute care. Each of the 250+ business are run independently by over 28,000 employees. We foster an entrepreneurial culture of ownership coupled with a field-driven, flat structure, which empowers local leaders and their teams to provide superior solutions to the specific medical needs of the communities they serve.Our affiliated entities offer a broad spectrum of post-acute care including assisted living, skilled nursing, and rehabilitative care.

We believe we exist to dignify and transform post-acute care. Our core values of celebration, accountability, passion for learning, love one another, intelligent risk taking, customer second, and ownership guide us in our decision making and inspire us to be better people, in and out of work.In recent years, we have significantly expanded our operations.

Our affiliated entities are located across more than a dozen states, and we are continuing to grow. With that growth, we are innovating and designing best-practice solutions to lower the cost and improve the quality of our care. We partner with many other healthcare organizations across our service area with the goal of ensuring our patients are receiving the best possible care.

On June 19, 2019, we filed a lawsuit against Reata Restaurant on behalf of a group of former servers and bartenders. The lawsuit seeks to represent other Reata servers and bartenders, who opt-in and sign a consent to join the lawsuit. The lawsuit alleges that Reata illegally retained a portion of its servers and bartenders’ tips by making illegal deductions from their wages. The lawsuit further alleges that Reata illegally included the bar-manager in the tip pool and required its servers to perform “side-work” in violation of federal wage laws.

Specifically, the lawsuit alleges that Reata illegally shifted its costs of doing business to its servers and bartenders by illegally charging for:

  1. Reata-branded check presenters
  2. Reata-branded ink pens
  3. Name Tags
  4. Uniforms
  5. Aprons
  6. Wine keys
  7. Pen lights

The lawsuit alleges that instead of Reata covering these costs of doing business, Reata illegally shifts to its servers and bartenders its costs of doing business in violation of federal law. See Reich v. Priba Corp., 890 F. Supp. 586, 596 (N.D. Tex. 1995) (“The FLSA does not permit an employer to transfer to its employees the responsibility for the expenses of carrying on an enterprise.”); see also 29 C.F.R. §§ 531.3(d)(2) and 531.32(c).

The lawsuit also alleges that Reata illegally allowed its bar-manager to participate in the tip pool. Finally, the lawsuit alleges that Reata illegally required its servers to perform side-work at the subminimum server wage of $2.13 per hour.

The lawsuit asks the Court to allow the action to proceed collectively on behalf of all current and former Reata servers and bartenders who sign a consent to affirmatively opt-in and join the lawsuit.

The lawsuit alleges as a result of Reata’s illegal conduct, Reata is prevented from paying its servers and bartenders the sub-minimum “server wage” and instead must pay each server and bartender who joins the lawsuit the full minimum wage for each hour worked in the past three (3) years. [i.e. Reata must pay each server $5.12 for each hour worked, which is the difference between the server wage ($2.13) and the full minimum wage ($7.25)] [Reata must pay each bartender $2.10 for each hour worked, which is the difference between the bartender wage ($5.15) and the full minimum wage ($7.25)]

For those servers and bartenders who sign a consent to join the lawsuit, the lawsuit seeks recovery at the rate of $5.12 per hour for servers and $2.10 for bartenders for each hour worked at Reata in the past three (3) years plus double this amount as “liquidated damages.” The lawsuit also seeks recovery of the amounts Reata illegally charged its servers and bartenders for Reata’s business expenses plus an equal amount as liquidated damages. Finally, the lawsuit seeks an additional award for the servers and bartenders’ attorneys’ fees and costs.

Boogeyman trailer. Every culture has one - the horrible monster fueling young children's nightmares. Or did Tim make him up to explain why his father abandoned his family? But for Tim, the Boogeyman still lives in his memories as a creature that devoured his father 16 years earlier. Is the Boogeyman real?

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10.04.2020

The Ensign Group Lawsuit

12

Oct 16, 2004  Suit alleges that 13 facilities run by Mission Viejo-based Ensign Group violated California standards. The group denies the charge. Nursing Home Firm Is Sued Over Staffing.

Since 1999, the independent operating affiliates of The Ensign Group (ENSG) have provided communities with compassionate, post-acute care. Each of the 250+ business are run independently by over 28,000 employees. We foster an entrepreneurial culture of ownership coupled with a field-driven, flat structure, which empowers local leaders and their teams to provide superior solutions to the specific medical needs of the communities they serve.Our affiliated entities offer a broad spectrum of post-acute care including assisted living, skilled nursing, and rehabilitative care.

We believe we exist to dignify and transform post-acute care. Our core values of celebration, accountability, passion for learning, love one another, intelligent risk taking, customer second, and ownership guide us in our decision making and inspire us to be better people, in and out of work.In recent years, we have significantly expanded our operations.

Our affiliated entities are located across more than a dozen states, and we are continuing to grow. With that growth, we are innovating and designing best-practice solutions to lower the cost and improve the quality of our care. We partner with many other healthcare organizations across our service area with the goal of ensuring our patients are receiving the best possible care.

On June 19, 2019, we filed a lawsuit against Reata Restaurant on behalf of a group of former servers and bartenders. The lawsuit seeks to represent other Reata servers and bartenders, who opt-in and sign a consent to join the lawsuit. The lawsuit alleges that Reata illegally retained a portion of its servers and bartenders’ tips by making illegal deductions from their wages. The lawsuit further alleges that Reata illegally included the bar-manager in the tip pool and required its servers to perform “side-work” in violation of federal wage laws.

Specifically, the lawsuit alleges that Reata illegally shifted its costs of doing business to its servers and bartenders by illegally charging for:

  1. Reata-branded check presenters
  2. Reata-branded ink pens
  3. Name Tags
  4. Uniforms
  5. Aprons
  6. Wine keys
  7. Pen lights

The lawsuit alleges that instead of Reata covering these costs of doing business, Reata illegally shifts to its servers and bartenders its costs of doing business in violation of federal law. See Reich v. Priba Corp., 890 F. Supp. 586, 596 (N.D. Tex. 1995) (“The FLSA does not permit an employer to transfer to its employees the responsibility for the expenses of carrying on an enterprise.”); see also 29 C.F.R. §§ 531.3(d)(2) and 531.32(c).

The lawsuit also alleges that Reata illegally allowed its bar-manager to participate in the tip pool. Finally, the lawsuit alleges that Reata illegally required its servers to perform side-work at the subminimum server wage of $2.13 per hour.

The lawsuit asks the Court to allow the action to proceed collectively on behalf of all current and former Reata servers and bartenders who sign a consent to affirmatively opt-in and join the lawsuit.

The lawsuit alleges as a result of Reata’s illegal conduct, Reata is prevented from paying its servers and bartenders the sub-minimum “server wage” and instead must pay each server and bartender who joins the lawsuit the full minimum wage for each hour worked in the past three (3) years. [i.e. Reata must pay each server $5.12 for each hour worked, which is the difference between the server wage ($2.13) and the full minimum wage ($7.25)] [Reata must pay each bartender $2.10 for each hour worked, which is the difference between the bartender wage ($5.15) and the full minimum wage ($7.25)]

For those servers and bartenders who sign a consent to join the lawsuit, the lawsuit seeks recovery at the rate of $5.12 per hour for servers and $2.10 for bartenders for each hour worked at Reata in the past three (3) years plus double this amount as “liquidated damages.” The lawsuit also seeks recovery of the amounts Reata illegally charged its servers and bartenders for Reata’s business expenses plus an equal amount as liquidated damages. Finally, the lawsuit seeks an additional award for the servers and bartenders’ attorneys’ fees and costs.

Boogeyman trailer. Every culture has one - the horrible monster fueling young children's nightmares. Or did Tim make him up to explain why his father abandoned his family? But for Tim, the Boogeyman still lives in his memories as a creature that devoured his father 16 years earlier. Is the Boogeyman real?