Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. September 21, 2020. Judgment will be entered against a party who fails to sufficiently establish any element essential to that party's case and who bears the ultimate burden of proof at trial. Davis was not aware that employees sometimes referred to Hartman as Assistant Director of Rehabilitation. 21) ("Hartman Deposition Transcript"). See Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. Tr. Hartman claims Select's decision was motivated by her age. The defendant's burden is "relatively light." Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. 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. of Phila. When typing in this field, a list of search results will appear and be automatically updated as you type. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. 2505, 91 L.Ed.2d 202 (1986). 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 . Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. J. Ex. Change lives. Select Rehabilitation LLC and Select Rehabilitation Inc. Tr. TELL US ABOUT YOUR EXPERIENCE WITH SELECT REHAB. Now a master's degree is required. Cf. at 78:9-12, 112:15-20; Davis Dep. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. at 50:13-14; Davis Dep. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Hartman Dep. (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. This case was filed in U.S. District Courts, Florida Middle District Court. at 61:22-62:7, 153:16-21; Hartman Dep. They have no schedule and are not guaranteed a number of hours. Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. 15-5708 (E.D. Tr. to Def. A: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. The retained employees do not have to be outside the protected class to qualify as "sufficiently younger." Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Thequi tamcase is captionedU.S. ex rel. 2015) (quoting Jones v. Sch. 31071843) filed by Defendant Select Rehabilitation, LLC. We're the nation's trusted leader in contract therapy services. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. Dep't of Corr. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. What qualifies as an adverse employment action is broader than the statutory definition. Tr. (citing Sempier , 45 F.3d at 729 ). Thus, we shall deny Select's motion for summary judgment. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. Id. Davis testified that she and Serene chose to retain Urbanski over Hartman because Urbanski showed greater leadership potential, her documentation was more thorough and her clinical performance was superior. 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. (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. Years in Business: 26. Business Started: 11/1/1996. 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. It is undisputed that Select retained a substantially younger, similarly situated employee instead of Hartman in the occupational therapist position. PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. See In re CitX Corp. , 448 F.3d 672, 680 (3d Cir. MONTEREY, Calif. (PRWEB) September 21, 2020 The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a class action complaint alleging that Select Rehabilitation, LLC, failed to provide accurate wages to employees, among other allegations.The Select Rehabilitation, LLC class action lawsuit, Case No. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. & Prof. Code 17200, et seq. Tr. 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. 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. The investigation concerns whether the two companies have engaged in practices that. 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. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. 's Resp. As occupational therapists, Hartman and Urbanski were required to complete and submit treatment documentation to Casamba. PRNs do not receive health insurance. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. Case activity for Select Rehabilitation, LLC vs Erik D. Painter on 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 for all hours the employer knows were worked by the employees or should have were worked. Davis and Serene, the alleged decisionmakers, both met Hartman and Urbanski in person. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. 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. See also In re Trib. 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. at 70:11-23; Urbanski Dep. at 54:1-54:23; Def. at 106:20-107:14; Davis Dep. The Court VACATES the Scheduling Conference set for 4/30/2021. 118:9-14. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. NOW , this 25th day of March, 2021, upon consideration of the defendant Select Rehabilitation, LLC's Motion for Summary Judgment (Document No. for Summ. Though "similarly situated" does not mean "identically situated," the employees "must nevertheless be similar in all relevant respects." Tr. Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. 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. 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. Non-Expert Discovery cut-off 10/8/2021. 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Tr. Tr. Was this review helpful? Dist. These questions should be discussed directly with your physical therapist. Make your practice more effective and efficient with Casetexts legal research suite. As a result of their rigorous work schedules, PLAINTIFF was from time to time unable to take off-duty meal and rest breaks. Additionally, although Davis claimed "clinical performance" was a factor, there is no evidence to suggest Hartman's clinical performance was any different than Urbanski's. , 665 F. App'x 229, 234 (3d Cir. There is no bright line age difference to satisfy the "sufficiently younger" requirement. 2722, at 373, 379 ). Auvergne-Rhne-Alpes - Centre ressource rhabilitation Would rather shovel dog dirt for a living than work for this company again. See Muhammad v. Sills Cummis & Gross P.C. Doe v. Select Medical Corporation et al.,No. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. Protected by Google ReCAPTCHA. Hartman Dep. Davis Dep. 2d 547, 558 (E.D. See also Anderson , 297 F.3d at 250 (describing similarly situated employees as those where "the duties were comparable or they were otherwise similarly situated"); Lepore v. Lanvision Sys., Inc. , 113 F. App'x 449, 452 (3d Cir. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. Same complaints from multiple facilities in our area. Tr. 1089. 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | 2548, 91 L.Ed.2d 265 (1986). Id. 1995). Media Co. , 902 F.3d at 402 (quoting Fuentes , 32 F.3d at 762 ). Tr. An "adverse employment action" is "one which is serious and tangible enough to alter an employee's compensation, terms, conditions, or privileges of employment." (Cabrera, Krista) (Entered: 03/23/2021), (#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. of Pitts. Select argues Hartman cannot establish the fourth element of the prima facie case. R. CIV. Trial Filings (Second Set) Deadline 1/28/2022. Such retaliation violates federal and state laws. 776 F.3d 181 (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. Tr. Adderall XR lasts for an average of around 12 hours, compared to the typical four . 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Urbanski remained in her full-time position. The Court VACATES the Scheduling Conference set for 4/30/2021. 25) and the plaintiff's sur-reply (Document No. 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. Chuang v. Univ. Co. v. White , 548 U.S. 53, 71, 126 S.Ct. Macalis offered to take a pay cut so Hartman could be retained full-time. 1999) ) (further citations omitted). 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | 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. The defendant's burden is one of "production, not of persuasion." The affiant must set forth specific facts that reveal a genuine issue of material fact. From 1997 through March 31, 2016, SMRS offered contract rehabilitation therapy services to SNFs across the country. This rating has decreased by -4% over the last 12 months. Hartman and Milks claimed Davis told the staff that no one had to worry about losing their jobs. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Mitchell Feldman, an attorney at Feldman Legal Group, explains that the companies allegedly used this practice "to maximize Medicare billing which could lead to profits of many millions of dollars. Urbanski may have become the backup Program Manager, but only after Hartman was reduced to PRN status. 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 Daniels v. Sch. Urbanski Dep. 2023 Select Rehabilitation, Select Rehabilitation and LIFE are registered trademarks. No appearance is required. Discovery should begin shortly, then depositions, mandatory pre-trial mediation and a jury trial scheduled for 4/1/24. 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. sites in 46 states across the nation and growing. 3177, 111 L.Ed.2d 695 (1990) (collecting cases). In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. at 21:14-19; Davis Dep. Tr. Factors demonstrating that two employees are similarly situated include "a showing that the two employees dealt with the same supervisor, were subject to the same standards, and had engaged in similar conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employer's treatment of them." at 79:23-81:19. 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. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. To prepare for the transition to the new PDPM system on October 1, 2019, Davis and Serene met with the staffs at Towne Manor East and Towne Manor West in the summer of 2019. The United States alleged that SMRS corporate policies and practices encouraged and resulted in the provision of medically unnecessary, unreasonable and unskilled therapy services being provided to patients at the 12 SNFs. This docket was last retrieved on March 15, 2022. 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. Nevertheless, the two occupational therapists that were reduced to part-time work through Select's reduction-in-force, Hartman and Shiney, are both members of the protected class, supporting an inference of discrimination. These changes allowed providers to bill more services using fewer therapists. Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. may be available from PACER. Co. , 359 F.3d 296, 301 (3d Cir. De Blouw today by calling (800) 568-8020. As previously discussed, Susan's retention as occupational therapist at Towne Manor West militates against an inference of age discrimination. at 68:2-5; Hartman Dep. The lawsuit was filed on January 18 and the judge has approved the timeline for the lawsuit. Feldman Legal Group provides legal support for people in Florida and Georgia and nationwide to seek justice for workers and champion the rights of the injured. Rehab Center Loses Computer Fraud Claim in Ex-Employee Lawsuit The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. 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 . at 146:24-147:4. 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.

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