(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. You are not alone if you suffered to work without pay working for Select Rehab. Pl. Tr. Macalis offered to take a pay cut so Hartman could be retained full-time. Dist. Genesis Healthcare Inc. Agrees to Pay Federal Government $53.6 Million Original Summons NOT returned. MEMORANDUM CAPUTO, District Judge. Select determined that it no longer needed two occupational therapists at Towne Manor East. 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). for Leave to Am. Requests for advice or education regarding your personal health issues will be removed and you may be banned. Overtime pay is required under state law and the federal Fair Labor Standards Act (FLSA). Davis praised Urbanski's leadership potential, citing her assistance with Select's PDPM education. 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"). Jury trial is scheduled for 4/1/2024 if it gets that far. Id. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. ), filed by KATHERINE HARTMAN. Hartman Dep. Christine McLaughlin, a former Program Manager-PT, Crystal Vanderveen, a current Program Manager -SLP, and Justin Lembke, a former physical therapy assistant (PTA), have filed this FLSA section 216b Collective action (class) overtime wage lawsuit, individually AND on behalf of all present and former Program Managers (PM), Directors of Rehab (DOR), and ALL Therapists and Therapy Assistants (PT, PTA, COTA, OT, and Speech Language Pathologists (SLP), or any other persons performing similar work under alternative job titles, seeking to recover unpaid overtime wages for all hours worked over 40 in each and every workweek over the preceding 3 years up through the date of trial, plus the payment of an equal sum in liquidated damages. See also Washco v. Federal Express Corp. , 402 F. Supp. Trial Filings (Second Set) Deadline 1/28/2022. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 Id. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. Id. Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). (Cabrera, Krista) (Entered: 03/22/2021), (#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. sites in 46 states across the nation and growing. 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. Tr. There is no evidence of the job title, hours, rate of pay, benefits or any other details. at 85:14-20. Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. 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 at 71:20; Pl. Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. (mckenna, William)'. Fuentes , 32 F.3d at 763 (emphasis in original). at 68:6-15. This practice would allow the companies to increase profits with unpaid wages of employees who worked off the clock.". 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. These changes in Hartman's job amount to an adverse employment action. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. Id. Hartman does not possess a master's degree because an advanced degree was not required for licensure in 1996. at 68:2-5; Hartman Dep. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Affs. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. 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. Id. 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. Media Co. , 902 F.3d 384, 403 (3d Cir. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Puy-de-Dme (63) CRCR Clermont-Ferrand. Though "similarly situated" does not mean "identically situated," the employees "must nevertheless be similar in all relevant respects." 3177, 111 L.Ed.2d 695 (1990) (collecting cases). 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. Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. 's Mot. Select Rehabilitation Reviews - Glassdoor Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Tr. at 87:3-5, 94:13-14. Tr. Hartman and Milks claimed Davis told the staff that no one had to worry about losing their jobs. Select has since adopted the position that it made an offer to Hartman, which Hartman now denies. 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 . The matter was handled by Trial Attorney Yolonda Campbell of the Civil Division and Assistant U.S. Attorney Marihug Cedeo for the District of New Jersey. Prac. Urbanski Dep. at 19:3-5; Urbanski Dep. Burlington N. & Santa Fe Ry. Pl. Working at Select Rehabilitation: 647 Reviews in US - Indeed Case activity for Select Rehabilitation, LLC vs Erik D. Painter on Id. Prac. In other words, Hartman must proffer " evidence, direct or circumstantial, from which a factfinder could reasonably either (1) disbelieve the employer's articulated legitimate reasons or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action. " In re Trib. FED. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. Tr. for Summ. at 11:22-12:5; Davis Dep. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. 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. 4 at 87:23-88:10 ("Davis Deposition Transcript"). Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Under the new PDPM system, therapy providers like Select were able to deliver services through "group therapy" and "concurrent therapy," with one therapist treating two to six patients at once instead of one-on-one treatment. Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. 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. (lh) (Entered: 03/23/2021), DocketCONFORMED 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. Fair pay and good/affordable benefits. Even if Macalis were similarly situated to Hartman, her age of 48 does not preclude a finding of age discrimination. at 24:12-25:4, 25:10-17; Milks Decl. 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). Working closely with our law enforcement partners, we will tirelessly pursue unscrupulous health care companies to protect patients and federal health care programs.. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Tr. There has been no determination of civil liability. 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. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. at 72:9-16; Hartman Dep. Id. 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. at 79:23-81:19. Showalter v. University of Pittsburgh Medical , 190 F.3d 231, 236 (3d Cir. 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. , 808 F.3d 638, 644 (3d Cir. Blumenthal Nordrehaug Bhowmik De Blouw LLP, File a Class Action Lawsuit Also, the FLSA mandates employers must cover the lawyer's fees directly," explains Feldman. 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. 1:2021cv00039 - Document 46 (W.D. 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. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. Working at Select Rehabilitation: 276 Reviews about Pay & Benefits 4714 Gettysburg Rd, Mechanicsburg, PA 17055-4325. See document for further details. Hartman Dep. Compl. Who Are Similarly Situated Persons which these Class and Collective Action Lawsuits Seek To Recover Wages For?? Medicare requires therapists to complete documentation with patient-specific details, and objective standardized tests and measures to show a patient's progress and outcome. Id. Shiney, an occupational therapist at Towne Manor West who is around 40, was switched from full-time to part-time. There will be no prejudice to Select. 21), the plaintiff's response (Document No. Hartman also worked as an occupational therapist at Suburban Woods. Willis , 808 F.3d at 64445 (citing Fuentes , 32 F.3d at 765 ). Serene reported to Kelli Davis, the divisional vice president overseeing 52 facilities serviced by Select in Pennsylvania, Massachusetts and Florida. Gen. Assur. The Select Rehabilitation, LLC class action lawsuit, Case No. The Clermont-Auvergne-Rhne-Alpes Centre brings together the units located in the Auvergne region, from Bourbonnais to Aurillac via Clermont-Ferrand, with 14 research units and 14 experimental facilities, representing 840 staff (permanent and contractual staff). Pivirotto v. Innovative Sys., Inc. , 191 F.3d 344, 347 n.1 (3d Cir. The investigation and resolution of this matter illustrate the governments emphasis on combating health care fraud. Urbanski is not. This rating has decreased by -4% over the last 12 months. Select Rehabilitation offers superior clinical care, innovative approaches, state-of-the-art and proprietary technology, training and education, custom reporting, compliance tracking and monitoring, PDPM expertise and more. (the UCL), by engaging in a company-wide policy and procedure which failed to accurately calculate and record the correct overtime rate for the overtime worked by PLAINTIFF and other CALIFORNIA CLASS Members. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. Joseph Taraszka v. Select Rehabilitation, LLC, United Fabrics International Inc v. Dillard's Inc et al, Betty Green v. U.S. Bank National Association, et al, Rezek v. U.S. Bank National Association et al. What qualifies as an adverse employment action is broader than the statutory definition. Her nickname among the employees was "Assistant Director of Rehabilitation," though she never held an official title of "director" or "manager.". 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. Tr. Case number 3:21-cv-00270 was filed in the U.S. District Court for the Southern District of Illinois on March 9. at 147:12-21, 149:22-23, 150:15-151:11. of Phila. Vyvanse vs. Adderall For ADHD: What's The Difference? - Forbes Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. Discouraged Full Reporting of Hours Worked: Retaliation Against Employees Who Speak Out: Who Are Similarly Situated Persons which these Class and Collective Action Lawsuits Seek To Recover Wages For?? Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. Hartman claims Select's decision was motivated by her age. Co. v. White , 548 U.S. 53, 71, 126 S.Ct. Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. Tr. 22) ("Urbanski Deposition Transcript"); Davis Dep. The Centre is part of a particularly dynamic ecosystem, within the second French . Status Report due by 12/14/2021. Filing 1 COMPLAINT against Select Rehabilitation LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19128198) filed by Christine McLaughlin. 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. Tr. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/23/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Select Rehabilitation, LLC. "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. If you are not a licensed PT or currently under the care of a PT please do not post here. Non-Expert Discovery cut-off 10/8/2021. at 123:5-23. (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. If you do not agree with these terms, then do not use our website and/or services. at 66:20-22. 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. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | VP Select Rehab West Palm Beach, Florida, United States500+ connections Join to connect Select Rehabilitation Columbia University in the City of New York Activity 10 ways to succeed (no. Settlement Conference Deadline 12/3/2021. L'Escale. And the best part of all, documents in their CrowdSourced Library are FREE! PRNs do not receive health insurance. Discovery Motion Hearing Deadline 11/05/2021. Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. Docket(#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), Docket(#33) MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 6/28/2021 are dismissed by operation of this Order and without further notice. (Cabrera, Krista) (Entered: 03/23/2021), Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. 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 . Consultez le profil complet sur LinkedIn et dcouvrez les relations de Anjali, ainsi que des emplois dans des entreprises similaires. It includes " firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits, " Remp v. Alcon Labs., Inc. , 701 F. App'x 103, 10607 (3d Cir. 2405, 165 L.Ed.2d 345 (2006) (quoting Oncale v. Sundowner Offshore Services, Inc. , 523 U.S. 75, 81, 118 S.Ct. Same complaints from multiple facilities in our area. Almost 50 employees from 9+ states have joined the lawsuit. Tr. Milks stated that the therapy staffs at the Towne Manor facilities were never informed that Urbanski had any role with PDPM education. At other times, she testified it was her and Serene.
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