at 19:3-5; Urbanski Dep. September 21, 2020. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. Bus. The case status is Pending - Other Pending. Davis admitted that Select did not conduct performance reviews. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. 2006) (citing 10A Charles Alan Wright et al., Fed. Id. at 16:19-18:3, 66:6-19. A: As I've said before, HR"). Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. On the other hand, Mike, Judy and Kendra are not similarly situated. Hartman testified that Serene offered her the position when she informed Hartman of the reduction. Pa. 2013), aff'd. Anjali Harikumar - Grenoble, Auvergne-Rhne-Alpes, France - LinkedIn 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. Doe v. Select Medical Corporation et al.,No. A reasonable factfinder could conclude that Select's decision to retain Urbanski over Hartman, who was 23 years older, was motivated by age discrimination. 22), the defendant's reply (Document No. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. at 51:22-52:2; Davis Dep. U.S. District Court for the Southern District of Illinois, Illinois bill would criminalize routine discipline as 'parental bullying', Pritzker pushes cash to keep teachers in Illinois schools, Suit alleges home care employees failed to check on woman, who was later found dead, Woman sues construction company after allegedly tripping over debris, July 13: U.S. District Court for the Southern District of Illinois docket for "555 prison condition" cases, U.S. District Court for the Southern District of Illinois: Actions Taken on July 13, U.S. District Court for the Southern District of Illinois: Actions Taken on July 12, July 12: U.S. District Court for the Southern District of Illinois docket for "555 prison condition" cases. Hartman Dep. Tr. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Select Rehabilitation Announces Strategic Partnership with MyndVR. From 2013 to 2016, Hartman worked as a full-time occupational therapist for Accomplish Therapy at Towne Manor East, one of the facilities where Accomplish provided therapy services. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. 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). 2015) ("[A]t no time did Sills Cummins claim that economic hardship motivated its decision to reduce the Operations Department. 998, 140 L.Ed.2d 201 (1998) ) ("Whether a particular reassignment is materially adverse depends upon the circumstances of the particular case, and should be judged from the perspective of a reasonable person in the plaintiff's position, considering all the circumstances. ") (internal quotations and citations omitted). Status Report due by 12/14/2021. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. Pl. 2001) (internal citation and quotation marks omitted). Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. 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. Tr. (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. 22) ("Urbanski Deposition Transcript"); Davis Dep. Change lives. Hartman Dep. Because it calls for a factual determination, it is a jury question. She also worked at two nearby facilities, Towne Manor West and Silver Lake. 1999). Davis Dep. This is in addition to the required time and a half overtime pay. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. at 52:18-21, 63:19, 83:12-84:17. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. at 155:18-21 ("Q: Well, who in HR helped make the decision to reduce Katie Hartman from full-time to PRN and keep Rachel Urbanski? 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. 2002) ). Auvergne-Rhne-Alpes - Centre ressource rhabilitation This rating has decreased by -4% over the last 12 months. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. (Cabrera, Krista) (Entered: 03/23/2021), (#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. at 71:20; Pl. Working at Select Rehabilitation: 324 Reviews about Management | Indeed.com /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. JUSTICE FOR WORKERS OF SELECT REHAB - Feldman Legal Group | Facebook Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. A Select Rehab executive told McKnight's Long-Term Care News that cursory antitrust and regulatory reviews should be completed by the end of the year, hopefully sooner so the deal can close by . The Select Rehab employee class overtime wage information site 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. (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 . Download Select Medical Settlement Agreement.pdf. 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. Cancellation and Refund Policy, Privacy Policy, and If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. (Cabrera, Krista) (Entered: 03/29/2021), Docket(#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. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Case Summary. 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. Select Rehabilitation insights Based on 661 survey responses What people like Feeling of personal appreciation Hartman claims she was terminated. Davis, Serene's supervisor based in Florida, knew nothing of an offer. 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. at 50:7-16, 51:1-5; Davis Dep. Hartman Dep. (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. at 54:1-54:23; Def. Hartman claims that while working for Accomplish and later Select, she was the backup Program Manager for Towne Manor East when Macalis was unable to attend a meeting. (attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons Erik D. Painter, # 5 Summons Paul Vazquez, # 6 Summons Empowerme Rehabilitation Il, Llc)(mckenna, William)', 'Corporate Disclosure Statement By Select Rehabilitation, Llc Identifying Corporate Parent Sri Intermediate Llc For Select Rehabilitation, Llc. , 534 U.S. 506, 511, 122 S.Ct. A more recent docket listing Share sensitive information only on official, secure websites. Select Rehab. v. Empowerme Rehab. Ky. - casetext.com 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. Who Are Similarly Situated Persons which these Class and Collective Action Lawsuits Seek To Recover Wages For?? 2003) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#1) NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV05917 Receipt No: ACACDC-30960825 - Fee: $402, filed by Defendant SELECT REHABILITATION, LLC. No appearance is required. ), filed by KATHERINE HARTMAN. Select Rehabilitation website As a premier leader in contract therapy services, Select Rehabilitation provides comprehensive physical, occupational, and speech therapy in a variety of clinical settings, throughout 44 states in over 2,400 locations nationwide. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). at 146:17-23. Tr. More details about Select Rehab's surprising acquisition of industry (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. 1995) ("There is no magical formula to measure a particular age gap and determine if it is sufficiently wide to give rise to an inference of discrimination."). Tr. In addition to treating patients, her duties include administrative and supervisory tasks. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. 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. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. Hartman has produced evidence suggesting that Select's proffered legitimate, non-discriminatory reason for its employment decision is pretext for age discrimination. (mckenna, William)'. 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 Rather, she must also show that the younger employee was similarly situated to her. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. 1307, 134 L.Ed.2d 433 (1996) ("The fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as he has lost out because of his age. ") Additional Information. The defendant's burden is one of "production, not of persuasion." Serene visits the facilities she oversees, including Towne Manor East, about ten to twenty times a year. at 51:13-18, 98:3-98:9; Urbanski Dep. , 68 F.3d 694, 699 (3d Cir. Select Rehabilitation, Inc., et al., Civil Action No. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. to Def. (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. at 67:14-15. The Fair Labor Standards Act (FLSA) requires Select Rehab to pay all non-exempt, hourly paid employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. & Prof. Code 17200, et seq. Original Summons NOT returned. 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. , 665 F. App'x 229, 234 (3d Cir. , 621 F. App'x 96, 99-101 (3d Cir. Tr. (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. Id. 1998) ). She was qualified for her position as an occupational therapist. Trial Filings (Second Set) Deadline 1/28/2022. McLaughlin v. Select Rehabilitation LLC 3:2022cv00059 | US District Pa. 2005) ("[A] plaintiff can survive summary judgment without alleging a reduction in pay or benefits, provided that the plaintiff alleges other facts demonstrating that the transfer was in some way adverse"). (gk) (Entered: 04/16/2021), (#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. Select determined that it no longer needed two occupational therapists at Towne Manor East. 2722, at 373, 379 (3d ed. Plaintiff Katherine Hartman, who was born on March 12, 1969, graduated from Temple University with a bachelor of science degree in occupational therapy in 1996. at 27:6-8; Davis Dep. Tr. Tr. 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. Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). 3:22-CV-00059 | 2022-01-18, U.S. Courts Of Appeals | Civil Right | at 68:2-5; Hartman Dep. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. The United States alleged that, at various times between Jan. 1, 2010, through March 31, 2016, SMRS contracted with 12 SNFs in New York and New Jersey to provide rehabilitation therapy services. 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." Select Medical Corporation and Encore GC Acquisition LLC have agreed to pay $8.4 million to resolve allegations that Select Medical Rehabilitation Services Inc. (SMRS) violated the False Claims Act by knowingly causing 12 skilled nursing facilities (SNFs) in New York and New Jersey to submit false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary or skilled. The investigation concerns whether the two companies have engaged in practices that. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. 2505, 91 L.Ed.2d 202 (1986). , 808 F.3d 638, 644 (3d Cir. at 645 (citing Fuentes , 32 F.3d at 764 ). See also Willis , 808 F.3d at 64445. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. Martinez v. UPMC Susquehanna , 986 F.3d 261, 266 (3d Cir. "Present and even former employees can face retaliation by being fired, black listed, or demoted unjustly for reporting behaviors of their employers which violate the FLSA," Feldman says. May 20, 2021 Select Partners with Spiro100 to Provide On-Demand and Live Streaming Access to Senior-Friendly State of the Art Wellness Programming. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Case Summary. Non-Expert Discovery cut-off 10/8/2021. Id. at 146:24-147:4. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | Hartman also worked as an occupational therapist at Suburban Woods. R. CIV. 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. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Id. at 9; Davis Dep. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. 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. at 49:12-18; Urbanski Dep. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. US District Court for the Middle District of Florida, 28 U.S.C. The Select Rehab employee class overtime wage information site, Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. It points to Susan, an occupational therapist in her late fifties at Towne Manor West; Macalis, the 48 year-old Program Manager at Towne Manor East; and Judy, a COTA in her fifties. Service of the Summons and Complaint were executed upon Jessie Gastelum, Registered Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Secure .gov websites use HTTPS Prac. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. Tr. Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. A .gov website belongs to an official government organization in the United States. L at 5-9 ("Milks Decl."). Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Her hourly rate was $50 and was later adjusted to $51. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. at 78:9-12, 112:15-20; Davis Dep. Id. Many employees who are denied overtime don't realize they may be able to recover not only months and years of unpaid overtime wages, but also two to three times the sums owed. Select rehabilitation law suit. Any PTs that work for select Thus, we shall deny Select's motion for summary judgment. 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. 2023 Select Rehabilitation, Select Rehabilitation and LIFE are registered trademarks. at 49:22-50:5; Davis Dep.
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