These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. According to Davis, Urbanski was organized, a good multi-tasker and a team player who voluntarily took on extra duties, assisting management in educating the staff about the new PDPM system, and helping out Select at other facilities, such as Suburban Woods, Towne Manor West, and Silver Lake. Select determined that it no longer needed two occupational therapists at Towne Manor East. (Attachments: #1 Declaration of Krista Cabrera, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket, #4 Declaration of Terry Klonowski) (Attorney Krista M Cabrera added to party SELECT REHABILITATION, LLC(pty:dft))(Cabrera, Krista) (Entered: 03/22/2021), U.S. District Courts | Civil Right | She told Hartman that "it was an HR decision" and was "nothing personal." Past and present employees of Select Rehabilitation and Reliant Rehab in several positions including the following classes of workers may have their state and Federal Wage Rights Affected by this case and whom the named Plaintiffs seek to obtain a recovery of unpaid overtime wages for: a) Directors of Rehabilitation and Program Managers; b) physical, occupational and speech therapists; c) Physical Therapy Assistants and Occupational Therapy Assistants,; and potentially, other hourly paid employees. 1992) ). at 49:22-50:5; Davis Dep. Fuentes , 32 F.3d at 763 (emphasis in original). Jury trial is scheduled for 4/1/2024 if it gets that far. To establish a prima facie case of typical age discrimination, a plaintiff must show: (1) she is at least 40 years old; (2) she suffered an adverse employment decision; (3) she was qualified for her position; and (4) she was ultimately replaced by another employee who was sufficiently younger so as to support an inference of a discriminatory motive. Willis , 808 F.3d at 64445 (citing Fuentes , 32 F.3d at 765 ). 2505, 91 L.Ed.2d 202 (1986). These questions should be discussed directly with your physical therapist. of Phila. Now a master's degree is required. (gk) (Entered: 04/20/2021), Docket(#26) MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC filed by Defendant Select Rehabilitation, LLC #22 , without prejudice to refiling in compliance with the Notice of Deficiency in Electronically Filed Pro Hac Vice Application #24 . Granting Application of Non-Resident Attorney David B. Goroff to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #20 . 1999). JUSTICE FOR WORKERS OF SELECT REHAB LLC WHO SUFFERED TO WORK OFF THE CLOCK OVERTIME HOURS WITHOUT BEING PAID AS REQUIRED BY THE FLSA: ATTENTION ALL PROGRAM MANAGERS AND THERAPISTS: https://selectrehabovertimelawsuit.com/ selectrehabovertimelawsuit.com (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/16/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), Docket(#4) PROOF OF SERVICE filed by Defendant SELECT REHABILITATION, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 served on 03/22/2021. See Sempier , 45 F.3d at 730 (finding the combined 10-year and 4-year age differences between Sempier and the retained employees "is clearly sufficient to satisfy the fourth prong of a prima facie case"); Steward v. Sears Roebuck & Co. , 231 F. App'x 201, 209 (3d Cir. Monaco , 359 F.3d at 305. Tr. The work of the Program Manager is well known by Select Rehab to work on the weekends handling scheduling and staffing as well as to be always on call for other staff. at 33:24-34:2, 34:24-35:6; Hartman Dep. Doe v. Select Medical Corporation et al.,No. The dispute is over the second and fourth elements. at 136:15-19. ), filed by KATHERINE HARTMAN. at 78:9-12, 112:15-20; Davis Dep. Tr. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. Tr. At 27 years old, Urbanski, the only similarly situated employee who assumed some of Hartman's duties, was sufficiently younger than Hartman. Nikolay Nisimov v. Select Rehabilitation, LLC et al - UniCourt for Summ. Case activity for Select Rehabilitation, LLC vs Erik D. Painter on at 15:23-16:12, 16:18-19. The Select Rehabilitation, LLC class action lawsuit, Case No. Serene was unavailable for deposition due to a health diagnosis. Discharge summaries discuss the patient's progress towards their goals and include a discharge recommendation. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. 1331 Fed. from 8 AM - 9 PM ET. Looking at the similarly situated employees, Select's decisions regarding whom to reduce and whom to retain could support a finding of bias favoring younger workers. Tr. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. September 21, 2020. She began working full-time at Towne Manor East in July 2018, when Suburban Woods switched from Select to another therapy provider. On the other hand, lateral transfers or changes in title absent evidence of a material change in an employee's working conditions generally do not constitute adverse employment actions. McLaughlin v. Select Rehabilitation LLC 3:2022cv00059 | US District Mfeldman@flandgatrialattorneys.com. The claims resolved by the settlement are allegations only, and there has been no determination of liability. (gk) (Entered: 04/20/2021), (#26) MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC filed by Defendant Select Rehabilitation, LLC #22 , without prejudice to refiling in compliance with the Notice of Deficiency in Electronically Filed Pro Hac Vice Application #24 . Make your practice more effective and efficient with Casetexts legal research suite. Hartman v. Select Rehab., LLC - Casetext 2008) (internal quotation marks omitted) (quoting Tex. at 24:12-25:4, 25:10-17; Milks Decl. Discovery Motion Hearing Deadline 11/05/2021. Tr. Select has moved for summary judgment, arguing that Hartman was eliminated as part of a company-wide reduction-in-force, and that no reasonable jury could conclude the elimination of her job resulted from age discrimination. If the defendant satisfies its burden, the plaintiff must produce evidence from which a reasonable factfinder could conclude that the proffered reason for taking the adverse action was merely a pretext for intentional discrimination. 21), the plaintiff's response (Document No. This case was filed in U.S. District Courts, Florida Middle District Court. J. Ex. Ky. 2021) Court Description: MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 8/24/2021 denying 35 Motion to Dismiss for Failure to State a Claim cc: Counsel (JWM) Download PDF The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. R. CIV. Select Rehab lawsuit regarding working off the clock and owed - Reddit Medicare requires therapists to complete documentation with patient-specific details, and objective standardized tests and measures to show a patient's progress and outcome. The investigation and resolution of this matter illustrate the governments emphasis on combating health care fraud. at 54:1-54:23; Def. Case Summary. This rating has decreased by -4% over the last 12 months. Under the burden-shifting McDonnell Douglas analysis, Hartman must first establish a prima facie case of discrimination based on her age. Tr. McLaughlin, Vanderveen and Lembke are now joined in this case by 44 other present and former Select Rehab Program Managers and Therapists who also claim to have been forced to suffer similarly working many hours of overtime off the clock without being paid for this time as required by state and Federal overtime wage laws, such as the FLSA. Hartman contends there is no evidence of a formal offer of employment. 1995). , 68 F.3d 694, 699 (3d Cir. at 17:24-19:7. The plaintiff in a reduction-in-force case cannot establish the fourth element by showing only that a younger worker was retained and she was not. Drawing all inferences in favor of Hartman as the non-movant, she has established that Select's reduction-in-force discriminated against older workers and her in particular, thus satisfying the fourth element of the prima facie case under either the traditional or the reduction-in-force standard. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. With over two decades of experience in civil litigation, including serving as lead counsel in numerous Nationwide, Federal Class and Collective Wage and Hour Overtime wage cases, the Feldman Legal Group has proven proficiency in representing clients to receive adequate compensation for damages. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. To meet its burden in response to Hartman's prima facie case, Select has produced evidence of a legitimate, non-discriminatory reason for Hartman's reduction. 2018) (Former employee "must show that Schultz was similarly[ ]situated in all respectsin other words, he dealt with the same supervisor, [was] subject to the same standards[,] and engaged in the same conduct") (quoting Mitchell v. Toledo Hosp. Final Pretrial Conference and Hearing on Motions in Limine set for 2/11/2022 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 6/28/2021. Auvergne-Rhne-Alpes - Centre ressource rhabilitation at 53:13-15 ("Q: [W]ho was involved in that decision? 2257, 141 L.Ed.2d 633 (1998) ); reassigning an employee to a "dead-end" position that was soon eliminated, Torre , 42 F.3d at 831 ; giving an employee a potentially less profitable sales position, Goosby v. Johnson & Johnson Med., Inc. , 228 F.3d 313, 319 (3d Cir. According to Davis, Niketa Patel was the backup Program Manager at Towne Manor East in 2019, and Urbanski became the backup Program Manager in January 2020. Id. Hartman's duties were divided among Urbanski, Macalis and the COTAs. Co. v. White , 548 U.S. 53, 71, 126 S.Ct. See also Daniels v. Sch. 1 at 9:15-16, 10:14-18 (ECF No. Trial Filings (Second Set) Deadline 1/28/2022. Will be used in accordance with our terms of service & privacy policy. (lh) (Entered: 03/23/2021), CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Nikolay Nisimov, upon Defendant Select Rehabilitation, LLC served on 2/19/2021, answer due 3/12/2021. Burdine , 450 U.S. at 256, 101 S.Ct. 's Mot. InterVest, Inc. v. Bloomberg, L.P. , 340 F.3d 144, 159-60 (3d Cir. Prac. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. Question: Fair Labor Standards. The FLSA provides that only Plaintiffs can be awarded attorney's fees and costs if they recover wages, whether through settlements, judgment or jury verdicts. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), Docket(#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), Docket(#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel. Non-Expert Discovery cut-off 10/8/2021. Three other Towne Manor staff members suffered adverse employment actions. Her nickname among the employees was "Assistant Director of Rehabilitation," though she never held an official title of "director" or "manager.". Dist. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Kelli Davis DPT,GCS,CEEAA - Regional Vice President - Select "[W]hile [d]ifferent courts have held that a five year difference can be sufficient, a one year difference cannot. " Id. Serene reported to Kelli Davis, the divisional vice president overseeing 52 facilities serviced by Select in Pennsylvania, Massachusetts and Florida. In some of her progress notes, Hartman did not list the patient's short term goals, only long-term goals, making it impossible to measure progress. She was 50 years old. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. As a result of DEFENDANTs intentional disregard of the obligation to meet this burden, DEFENDANT allegedly failed to properly calculate and/or pay all required compensation for work performed by the members of the CALIFORNIA CLASS and violated the California Labor Code. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. 2015) (quoting Jones v. Sch. Case Summary. 2015) (To constitute an adverse employment action, transfers must "be detrimental or undesirable in some objective way"). By law, all hourly paid employees are entitled to overtime pay at no less than time and a half of the employee's regular rate of pay. at 50:6-8; Davis Dep. If any person presents a claim for overtime wages, informally, orally, in writing or by filing a legal claim, the Fair Labor Standards Act prohibits all persons, businesses and employers from taking any retaliatory action, including any adverse employment actions against such claimants, even if the claim for wages is unsuccessful. at 50:7-16, 51:1-5; Davis Dep. By accepting our use of cookies, your data will be aggregated with all other user data. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. Concurrent treatment is expected everyday and you're repeatedly "talked" to if you don't do it daily. (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. Tr. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. Similarly, Lembke claims that in order to meet his high productivity requirement of 94%, and treat all the patients as well as complete all the paperwork, he also had to routinely work off the clock during the week, and which the company knew was happening. She is a licensed occupational therapist. 2003). Working at Select Rehabilitation: 324 Reviews about Management | Indeed.com When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. Cases involving employment discrimination (gender, age, religion, etc. SSM Select Rehab | Better Business Bureau Profile Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. Download Select Medical Settlement Agreement.pdf. Urbanski Dep. 2001) (internal citation and quotation marks omitted). Anjali Harikumar - Grenoble, Auvergne-Rhne-Alpes, France - LinkedIn A plaintiff may discredit the proffered reason by demonstrating " such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons to satisfy the factfinder that the employer's actions could not have been for nondiscriminatory reasons." (emphasis in original). Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). INRAE center Lyon-Grenoble Auvergne-Rhne-Alpes at 71:20; Pl. Her hourly rate was $50 and was later adjusted to $51. Granting Application of Non-Resident Attorney David B. Goroff to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #20 . 1817, 36 L.Ed.2d 668 (1973). (Attachments: #1 Declaration of Krista Cabrera, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket, #4 Declaration of Terry Klonowski) (Attorney Krista M Cabrera added to party SELECT REHABILITATION, LLC(pty:dft))(Cabrera, Krista) (Entered: 03/22/2021). Because they are not subject to cross-examination, affidavits are scrutinized carefully. More details about Select Rehab's surprising acquisition of industry at 146:17-23. Id. The primary differences were age, education, number of years of experience and hourly rate. Plaintiff Select . at 106:5-19; Davis Dep. Plaintiff Lembke, a former PT alleges that while required by SELECT REHAB to treat patients and bill 8 hours per day, and hit 95% productivity quota, he had to spend numerous hours inputting data, his notes and satisfy reporting requirements which forced her to work more than 40 hours routinely and off the clock, and with the knowledge of the PM and others, and thus the company. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. 1999). Hartman Dep. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. The resolution obtained in this matter was the result of a coordinated effort between the Civil Divisions Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys Office for the District of New Jersey, with assistance from HHS-OIG and the FBI Newark Field Office. Tr. Select Rehabilitation "rehab" Reviews | Glassdoor Urbanski Dep. Id. at 85:14-20. 22), the defendant's reply (Document No. 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Ple centre rive gauche. Id. Willis , 808 F.3d at 644 (citations omitted). at 68:16-69:9; Davis Dep. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/23/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), DocketCONFORMED FILED COPY OF COMPLAINT against Defendants Does, Select Rehabilitation, LLC. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. Swierkiewicz v. Sorema N.A. A: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? 2000) ; failing to rehire someone, Sarullo v. USPS , 352 F.3d 789, 800 (3d Cir. Davis claimed she did not know Hartman's age when she and Serene made the decision to reduce her to PRN status. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. at 66:20-22. Coworkers are the best and our building used to be great before Select Rehab took over. Case Details Parties Dockets. Vyvanse vs. Adderall For ADHD: What's The Difference? - Forbes (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. Questions about your PRWeb account or interested in learning more about our news services? The parties disagree that Hartman suffered an adverse employment action and that Select used age as a factor in deciding to terminate Hartman, giving rise to an inference of age discrimination. at 32:12-23, 53:13-15, 58:24-60:7, 98:15-99:4, 154:5-10. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. Status Report due by 12/14/2021. Copyright 1997-2015, Vocus PRW Holdings, LLC. The Lawsuit alleges that McLaughlin (Program Manager-PT), Vanderveen (Program Manager-SLP) and Justin Lembke (PTA) were forced to suffer to work off the clock and without being paid overtime premiums, meaning time and one half their regular rates of pay, for all hours worked in violation of well-settled, indisputable law as per Section 207 of the Fair Labor Standard ACT (FLSA). Secure .gov websites use HTTPS The investigation concerns whether the two companies have engaged in practices that. Cf. Tr. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. (gk) (Entered: 04/16/2021), Docket(#25) Corrected APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC (Pro Hac Vice Fee - $500 Previously Paid on 4/8/2021, Receipt No. Bus. See document for further details. Martinez v. UPMC Susquehanna , 986 F.3d 261, 266 (3d Cir. at 73:20-74:9. Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). Willis , 808 F.3d at 644 (citing Burton , 707 F.3d at 42627 ). In 2019, Medicare introduced changes to its regulatory model. Although a reduction-in-force often occurs when an employer is experiencing a decline in business or other economic hardship, it is not limited to those circumstances. Ex-employee accused of stealing trade secrets, accessing systems illegally. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et al, No. Tr. There has been no determination of civil liability. There will be no prejudice to Select. Retaliation Against Employees Who Speak Out: Not only did Select Rehabilitation and Reliant Rehab possibly force employees to work unpaid overtime, they may have retaliated when workers complained as well. Full title:KATHERINE HARTMAN v. SELECT REHABILITATION, LLC, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, Katherine HARTMAN v. SELECT REHABILITATION, LLC. Id. Such retaliation violates federal and state laws. at 87:3-5, 94:13-14. Id. Tr. J. Ex. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), (#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), (#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel.
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