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. McLaughlin v. Select Rehabilitation LLC 3:2022cv00059 | US District Her hourly rate was $50 and was later adjusted to $51. at 53:13-15 ("Q: [W]ho was involved in that decision? 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. We're the nation's trusted leader in contract therapy services. 2015) ("[A]t no time did Sills Cummins claim that economic hardship motivated its decision to reduce the Operations Department. Urbanski Dep. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. The Court VACATES the Scheduling Conference set for 4/30/2021. A: As I've said before, HR"). Case Summary. Download Select Medical Settlement Agreement.pdf. This press release was issued through 24-7PressRelease.com. Select eliminated one of two occupational therapist positions at its Towne Manor East facility as part of a reduction-in-force and terminated Hartman while retaining a significantly younger occupational therapist for the remaining full-time position. 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. 12-14 patients seen daily. 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. Pa. 2013), aff'd. at 11:22-12:5; Davis Dep. In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . (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. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Affs. A party moving for summary judgment may use depositions and affidavits or declarations to show a fact is not genuinely disputed, and a party opposing the motion may also rely on them to demonstrate that a fact is disputed. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. , 621 F. App'x 96, 99-101 (3d Cir. 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). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. There are also inconsistencies in Davis's testimony about who was involved in the decision to retain Urbanski over Hartman. 3:22-CV-00059 | 2022-01-18, U.S. Courts Of Appeals | Civil Right | of Phila. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. Scan this QR code to download the app now. Her hourly rate is $38. Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. Because depositions provide all parties an opportunity to probe the witness, they are preferred to declarations and affidavits that are generally prepared by attorneys rather than the declarant or affiant. Tr. 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. (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. Id. Davis claimed Urbanski was a "team player" who was willing to help out at other facilities, but Hartman pointed out that Urbanski began working for Select in a split-shift position where she divided her time between different facilities. A plaintiff can meet her burden by producing evidence from which a factfinder could conclude that the adverse employment action was more likely than not the result of discrimination. There is no evidence of the job title, hours, rate of pay, benefits or any other details. Make your practice more effective and efficient with Casetexts legal research suite. Co. , 860 F.2d 1209 (3d Cir. Prac. TELL US ABOUT YOUR EXPERIENCE WITH SELECT REHAB. The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. Hartman and Milks claimed Davis told the staff that no one had to worry about losing their jobs. Davis stated that Urbanski's documentation was more thorough and detailed. Hartman claims Select's decision was motivated by her age. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Cf. could benefit from more. 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 . Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. Status Report due by 12/14/2021. Select Rehabilitation | News & Events News & Events Press Releases February 1, 2022 Select and MyndVR Announce Strategic Partnership to Deploy VR Therapy to Post-Acute Care. 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 . Davis, Serene's supervisor based in Florida, knew nothing of an offer. US District Court for the Middle District of Florida, 28 U.S.C. Select argues Hartman cannot establish the fourth element of the prima facie case. 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. 1089, 67 L.Ed.2d 207 (1981) ). Hartman also worked as an occupational therapist at Suburban Woods. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Swierkiewicz v. Sorema N.A. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. Gen. Assur. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. The affiant must set forth specific facts that reveal a genuine issue of material fact. 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. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. Kelli Davis DPT,GCS,CEEAA - Regional Vice President - Select It contained nothing about an alternative placement in Florida. 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. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. Doe v. C.A.R.S. Here, as Plaintiffs McLaughlin, Vanderveen, and Lembke explain and contend in the AMENDED Collective Action lawsuit and complaint, if Select Rehab has any reason to know that any employee is working off the clock, or encouraged it, they are legally required to pay all these hours, plus an equal sum in liquidated damages going back a 3 year period. This case was filed in U.S. District Courts, Arkansas Eastern District. Tr. for Summ. (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. Select having shown legitimate reasons for eliminating Hartman's full-time position, the burden shifts back to Hartman to discredit Select's proffered justification or present evidence that she was eliminated for a discriminatory reason. Therefore, we shall allow Hartman to amend her complaint to add the PHRA claim. Contact UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF PENNSYLVANIA 615 Chestnut Street, Suite 1250 Philadelphia, PA 19106 JENNIFER CRANDALL Media Contact 215-861-8300 She graduated from Temple University with bachelor of science and master's degrees in occupational therapy earlier that year. 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. 2548, 91 L.Ed.2d 265 (1986). 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, The civil settlement includes the resolution of claims brought under thequi tamor whistleblower provisions of the False Claims Act by Melissa Vail, a former SMRS employee. Tr. at 106:20-107:14; Davis Dep. at 54:1-54:23; Def. Select Rehab lawsuit regarding working off the clock and owed - Reddit Copyright 1997-2015, Vocus PRW Holdings, LLC. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. Anjali Harikumar - Grenoble, Auvergne-Rhne-Alpes, France - LinkedIn All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. & Prof. Code 17200, et seq. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. According to Hartman, Select did not implement a "genuine" reduction-in-force because the reduction was not caused by a decline in business. Although Davis claimed that leadership potential, clinical performance and documentation "weighed equally" in Select's decision, she stated that the decision was based "primarily" on documentation. P. 56(a). Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. 's Resp. at 66:20-22. 2013). Adderall XR lasts for an average of around 12 hours, compared to the typical four . Select Rehabilitation | Contract Therapy Solutions Id. Id. Urbanski may have become the backup Program Manager, but only after Hartman was reduced to PRN status. Tr. of Pitts. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1), What this Collective Action and Class Overtime Case is about, The Fair Labor Standards Act and related DOL Regulations pro. Hartman Dep. A .gov website belongs to an official government organization in the United States. 2722, at 373, 379 (3d ed. Pl. Change the course of yours. Though Davis and Serene may not have known Hartman and Urbanski's exact ages, the more than twenty year age gap was obviously apparent. And the best part of all, documents in their CrowdSourced Library are FREE! Court Reporter: N/A. After speaking with Serene, Hartman learned that although some staff at the Towne Manor facilities were eliminated or reduced to part-time work, others were retained with a pay cut. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et al, No. There is no evidence that they perform functions or have responsibilities similar to Hartman. Settlement Conference Deadline 12/3/2021. Secure .gov websites use HTTPS To be clear, the purpose of this website and contact by our law firm is NOT to solicit you to opt into and join this collective (CLASS) action lawsuit, (which will seek a national class certification) and to claim your wages, or to advertise our firm. 118:6-14; Davis Dep. at 136:15-19. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. Jury Demanded, filed by Plaintiff Nikolay Nisimov. Because they are not subject to cross-examination, affidavits are scrutinized carefully. The Select Rehab employee class overtime wage information site Even if it's not ethical or appropriate the company still expects it. Select Rehabilitation | News & Events Employees were also allegedly denied second off-duty meal breaks when working ten [10] hour shifts. It is undisputed that Select retained a substantially younger, similarly situated employee instead of Hartman in the occupational therapist position. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 992, 152 L.Ed.2d 1 (2002) ; Starceski v. Westinghouse Electric Corp. , 54 F.3d 1089, 1096, n. 4 (3d Cir. Working at Select Rehabilitation: 276 Reviews about Pay & Benefits (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). Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). COMPLAINT against SELECT REHABILITATION, LLC ( Filing fee $ 400 receipt number 0313-14231958. 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. Satisfying the fourth prima facie element in a reduction-in-force age discrimination case requires more than what is required in a typical age discrimination case. 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."). A: Shelly [sic ] and I made that decision together"). Hartman Dep. These changes in Hartman's job amount to an adverse employment action. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. Hartman Dep. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. Too many complaints to list in this box. Hartman, Shiney and Susan are all in the protected class. "Workers can talk to an employment attorney specialized in wage and hour claims to protect their rights and ensure they get full compensation for their work," says Feldman. De Blouw today by calling (800) 568-8020. Even if Macalis were similarly situated to Hartman, her age of 48 does not preclude a finding of age discrimination. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. Urbanski did not recall Select giving its staff any PDPM education. 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. at 24:12-25:4, 25:10-17; Milks Decl. Tr. (gk) (Entered: 04/20/2021), (#28) ORDER by Judge Stanley Blumenfeld, Jr. Years in Business: 26. Business Started: 11/1/1996. The Newsletter Bringing the Legal System to Light. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Settlement Conference Deadline 12/3/2021. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. 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. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. In others, she only listed codes instead of describing the skilled services she provided. Cancellation and Refund Policy, Privacy Policy, and 1089. Davis Dep. Will be used in accordance with our terms of service & privacy policy. 2002) ). 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. See also Healy v. New York Life Ins. Discharge summaries discuss the patient's progress towards their goals and include a discharge recommendation. Hartman v. Select Rehab., LLC - Casetext Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | at 71:20; Pl. 2006) (citing 10A Charles Alan Wright et al., Fed. 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. Davis denied ever telling the staff at Towne Manor East or West that their jobs were safe. If you are not a licensed PT or currently under the care of a PT please do not post here.