For further information, visit, Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. at 70:11-23; Urbanski Dep. 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. PRNs do not receive health insurance. Why is this public record being published online? Change lives. A reasonable jury, looking at the inconsistencies in Select's reasons for retaining Urbanski over Hartman and the lack of other possible reasons for their decision, could conclude that the real reason was age. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. at 76:21-77:2, 79:14-18, 93:24-94:10. The Select Rehabilitation, LLC class action lawsuit, Case No. She told Hartman that "it was an HR decision" and was "nothing personal." Low treatment minutes even if the pt. 22), the defendant's reply (Document No. Settlement Conference Deadline 12/3/2021. J. Ex. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. Dist. Davis and Serene, the alleged decisionmakers, both met Hartman and Urbanski in person. Credibility determinations, the drawing of legitimate inferences from facts, and the weighing of evidence are matters left to the jury. 2004) (citing Anderson v. Consol. Urbanski Dep. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. Cases involving employment discrimination (gender, age, religion, etc. 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 Examples of such evidence include previous acts of discrimination against the plaintiff, discrimination against other persons within the plaintiff's protected class or within another protected class, or a showing that the defendant has treated similarly situated non-members of the protected class more favorably. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. 2004) (citing Anderson , 297 F.3d at 250 ) (similarly situated employees "work in the same area in approximately the same position"). Recertifications concern whether a patient needs continued services. The combined difference in ages between the plaintiff and the retained employees who took over the plaintiff's duties can raise an inference of age discrimination. Centre de Rhabilitation Psychosociale du Centre Hospitalier de Roanne. Question: Fair Labor Standards. The Third Circuit has applied the reduction-in-force prima facie standard in contexts where the employer implemented the reduction to address changing business needs, not economic hardship. Tr. 2016) (citations omitted). Years in Business: 26. Business Started: 11/1/1996. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. In November 2020, Defendant EmpowerMe Rehabilitation Kentucky LLC ("EmpowerMe") began an effort to recruit and hire away several Select employees, including Defendant Paula Vazquez ("Vazquez"), Select's Staffing Coordinator, who accepted a position with EmpowerMe. at 49:12-18; Urbanski Dep. Hartman Dep. Fuentes , 32 F.3d at 763 (emphasis in original). Non-Expert Discovery cut-off 10/8/2021. at 49:22-50:5; Davis Dep. (Cabrera, Krista) (Entered: 03/29/2021), (#7) PROOF OF SERVICE filed by Defendant Select Rehabilitation, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 served on 03/23/2021. 2002) ). Co. , 359 F.3d 296, 301 (3d Cir. This case was filed in U.S. District Courts, Arkansas Eastern District. 1992) ). Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Id. Tr. Tr. Showalter v. University of Pittsburgh Medical , 190 F.3d 231, 236 (3d Cir. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | As a PRN, Hartman was on a list of temporary staff to call in as needed. at 645 (citing Fuentes , 32 F.3d at 764 ). (gk) (Entered: 04/20/2021), Docket(#27) ORDER by Judge Stanley Blumenfeld, Jr. Though Davis and Serene may not have known Hartman and Urbanski's exact ages, the more than twenty year age gap was obviously apparent. Granting Application of Non-Resident Attorney Robert Smeltzer to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #23 . 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. , 621 F. App'x 96, 99-101 (3d Cir. of Pitts. Puy-de-Dme (63) CRCR Clermont-Ferrand. Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. 2021) (citations omitted); McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802, 93 S.Ct. LIFT. Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. You are not alone if you suffered to work without pay working for Select Rehab. 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. In 2019, Medicare introduced changes to its regulatory model. at 68:2-5; Hartman Dep. Mandel v. M & Q Packaging Corp. , 706 F.3d 157, 170 (3d Cir. Such retaliation violates federal and state laws. An Illinois federal magistrate judge dismissed a Computer Fraud and Abuse Act claim from a rehab center's lawsuit against two former employees and a competitor, writing that the company's allegations are inadequate to state a claim under the law. Finally, one place to get all the court documents we need. In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. Jury Demanded, filed by Plaintiff Nikolay Nisimov. Davis, Serene's supervisor, denied that Hartman was offered a position in Florida. 1988) (Evidence that the 56 year-old plaintiff was discharged during a reduction-in-force and replaced by a 47 year-old employee was sufficient to establish a prima facie case of age discrimination). By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. Hartman Dep. Burlington N. & Santa Fe Ry. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Willis , 808 F.3d at 644 (citing Burton , 707 F.3d at 42627 ). If she succeeds in establishing a prima facie case, the burden shifts to the defendant to " articulate a legitimate nondiscriminatory reason for the adverse employment action. " Willis v. UPMC Children's Hosp. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. The Justice Department announced today that Genesis Healthcare Inc. (Genesis) will pay the federal government $53,639,288.04, including interest, to settle six federal lawsuits and investigations alleging that companies and facilities acquired by Genesis violated the False Claims Act by causing the submission of false claims to government health There is no bright line age difference to satisfy the "sufficiently younger" requirement. Under this alleged scheme, if overtime hours were reported, a therapist would fail the productivity standard and would be subject to disciplinary action, including termination of employment. Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. Tr. Tr. For example, COTAs can fill out daily notes, but they are not qualified to complete evaluations, discharges, recertifications, progress notes, or any of the other similar documentation that occupational therapists complete as part of their work. The FLSA is the Federal wage laws applicable to most employers and which requires employers to pay non-exempt, and hourly paid employees a fair day's wage for a fair day's work: and for employees in this class case, required Select Rehab to pay overtime premiums (wages) at time and 1/2 the employees' regular rates of pay . The CEUs are only through their website, not reimbursed for any course. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. The case status is Pending - Other Pending. Shiney, an occupational therapist at Towne Manor West who is around 40, was switched from full-time to part-time. 1999). Tr. Trial Filings (First Set) Deadline 01/14/2022. Id. Urbanski Dep. Bus. /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Although Davis testified in detail about purported deficiencies in Hartman's documentation compared to Urbanski's, it is for the jury to compare Urbanski's documentation with Hartman's and decide if Urbanski's was superior and whether the evidence suggests Select's reasons for eliminating Hartman's position are pretextual. Hartman is comparing herself to other similarly situated employees. As the back-up Program Manager, Hartman attended meetings with other department heads on Macalis's behalf and relayed information back to the Rehabilitation Department. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. , 982 F. Supp. Dist. Almost 50 employees from 9+ states have joined the lawsuit. Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). These changes allowed providers to bill more services using fewer therapists. 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. Plaintiff Katherine Hartman brings this action against her former employer Select Rehabilitation, LLC for age discrimination under the Age Discrimination in Employment Act ("ADEA") and the Pennsylvania Human Relations Act ("PHRA"). 2722, at 373, 379 (3d ed. In others, she only listed codes instead of describing the skilled services she provided. Granting Application of Non-Resident Attorney Diane G. Walker to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #21 . L at 5-9 ("Milks Decl."). 31071843) filed by Defendant Select Rehabilitation, LLC. 2722, at 373, 379 ). P. 56(c)(1)(A) ("A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record, including depositions affidavits or declarations."). Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. 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. 's Ex. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Granting Application of Non-Resident Attorney Robert Smeltzer to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #23 . Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. at 9; Davis Dep. The U.S. District Court for the Southern District of Illinois reported the following activities in the suit brought by Select Rehabilitation, LLC against EmpowerMe Rehabilitation IL, LLC, Erik D. Painter and Paul Vazquez on March 9. at 136:10-14. Prac. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. (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 . 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | Protection Plus, Inc. , 527 F.3d 358, 365 (3d Cir. As previously discussed, Susan's retention as occupational therapist at Towne Manor West militates against an inference of age discrimination. 22) ("Urbanski Deposition Transcript"); Davis Dep. Hartman's duties were divided among Urbanski, Macalis and the COTAs. According to Hartman, Select did not implement a "genuine" reduction-in-force because the reduction was not caused by a decline in business. at 16:24-17:14. at 71:20; Pl. at 51:13-18, 98:3-98:9; Urbanski Dep. to Def. Tr. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). Use the links below to access additional information about this case on the US Court's PACER system. 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | 118:9-14. could benefit from more. (mckenna, William)'. See document for further details. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. McLaughlin, Vanderveen and Lembke allege that if they worked overtime hours on the clock they were warned they would be fired, but were simultaneously encouraged and pressured to work all the extra hours to meet productivity requirements and complete all their job duties or be fired. Hartman Dep. Under Medicare's new Patient Driven Payment Model ("PDPM"), therapists can now provide therapy services in groups and no longer have to provide therapy one-on-one. Tr. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. Even if Macalis were similarly situated to Hartman, her age of 48 does not preclude a finding of age discrimination. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Doe v. C.A.R.S. 3:22-CV-00059 | 2022-01-18, U.S. Courts Of Appeals | Civil Right | 2548, 91 L.Ed.2d 265 (1986). Questions about a news article you've read? (gk) (Entered: 04/20/2021), (#28) ORDER by Judge Stanley Blumenfeld, Jr. They considered each employee's leadership skills, clinical performance and documentation. at 68:15-69:2, 75:18-76:8. The Judge overseeing this case is James M. Moody Jr.. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Copyright 1997-2015, Vocus PRW Holdings, LLC. Hartman Dep. 1994). The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. The Select Rehab Employee class overtime wage lawsuit information, Program Managers, Therapists: Collective Action seeks justice & Owed Wages, DE 16 Hybrid Amended FLSA collective action and class action Complaint, READ THE MOTION TO CERTIFY THE COLLECTIVE ACTION, Dkt. 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. On several occasions, she testified that she, Serene and Human Resources made the decision. at 50:24-51:12; Davis Dep. Tr. at 68:16-69:9; Davis Dep. Id. Change the course of yours. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. Tr. 27), it is ORDERED that the motion is DENIED . 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | There has been no determination of civil liability. 's Mot. 4 at 87:23-88:10 ("Davis Deposition Transcript"). O'Connor v. Consol. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. at 38:14-17. Swierkiewicz v. Sorema N.A. 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).
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