2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | at 54:1-54:23; Def. Although Hartman's hourly rate was higher than Urbanski's and she did not possess a master's degree, Davis testified that hourly rate and education were not factors in their decision. Id. 1999). Tr. Tr. 2405, 165 L.Ed.2d 345 (2006) (quoting Oncale v. Sundowner Offshore Services, Inc. , 523 U.S. 75, 81, 118 S.Ct. 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. Hartman and Urbanski were the only full-time occupational therapists at Towne Manor East. There is no bright line age difference to satisfy the "sufficiently younger" requirement. Granting Application of Non-Resident Attorney David B. Goroff to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #20 . From 1997 through March 31, 2016, SMRS offered contract rehabilitation therapy services to SNFs across the country. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), (#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), (#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel. Hartman never received a negative evaluation for her documentation or treatment of patients. She claimed that her search of records of backup Program Managers accessing Casamba, Select's computer software program, showed that Hartman was never granted such access. Dist. at 66:20-22. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). A: As I've said before, HR"). 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 Dep. Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). The case status is Pending - Other Pending. Davis, Bd. L'Escale. Low treatment minutes even if the pt. 12-14 patients seen daily. On the other hand, Mike, Judy and Kendra are not similarly situated. 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. However, productivity standards are not always attainable, I did not always feel supported by . Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. at 76:21-78:8, 112:4-14; Davis Dep. An official website of the United States government. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Tr. 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 Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. 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. at 50:7-16, 51:1-5; Davis Dep. of Phila. Her hourly rate is $38. Three other Towne Manor staff members suffered adverse employment actions. Davis, Serene's supervisor based in Florida, knew nothing of an offer. (mckenna, William)'. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. 1089, 67 L.Ed.2d 207 (1981) ). In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. (Cabrera, Krista) (Entered: 03/22/2021), (#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. at 68:2-5; Hartman Dep. Ple centre rive gauche. Urbanski Dep. Share sensitive information only on official, secure websites. Hartman Dep. 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. at 136:10-14. 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. Non-Discovery Motion Hearing Deadline 11/19/2021. Though "similarly situated" does not mean "identically situated," the employees "must nevertheless be similar in all relevant respects." Def. 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. Dist. 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 . (ECF No. In some of her progress notes, Hartman did not list the patient's short term goals, only long-term goals, making it impossible to measure progress. at 27:2-8, 27:21-28:13. Mike, a physical therapist in his mid-thirties, and Kendra, a PTA who is 30, were terminated. (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. Bus. The primary differences were age, education, number of years of experience and hourly rate. Id. at 9; Davis Dep. Select Rehabilitation has an overall rating of 2.6 out of 5, based on over 947 reviews left anonymously by employees. 2006) (citing 10A Charles Alan Wright et al., Fed. When typing in this field, a list of search results will appear and be automatically updated as you type. 's Mot. Her hourly rate was $50 and was later adjusted to $51. Davis praised Urbanski's leadership potential, citing her assistance with Select's PDPM education. Milks stated that the therapy staffs at the Towne Manor facilities were never informed that Urbanski had any role with PDPM education. at 17:24-19:7. Prac. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. (emphasis in original). Fuentes , 32 F.3d at 763 (emphasis in original). Tr. She graduated from Temple University with bachelor of science and master's degrees in occupational therapy earlier that year. By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. Id. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Macalis offered to take a pay cut so Hartman could be retained full-time. 2008) (internal quotation marks omitted) (quoting Tex. Almost 50 employees from 9+ states have joined the lawsuit. Id. She told Hartman that "it was an HR decision" and was "nothing personal." We're the nation's trusted leader in contract therapy services. Credibility determinations, the drawing of legitimate inferences from facts, and the weighing of evidence are matters left to the jury. Id. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | at 136:15-19. 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. 2505, 91 L.Ed.2d 202 (1986). 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: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? Doe v. Select Medical Corporation et al.,No. , 982 F. Supp. There is no other evidence of the offer in the record. v. Burdine , 450 U.S. 248, 253, 101 S.Ct. Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. De Blouw today by calling (800) 568-8020. Was this review helpful? Change lives. According to Davis, unlike Hartman's, Urbanski's documentation for the same patients contained very specific notes about the skilled techniques provided, with objective measurements demonstrating the patient's progress. Tr. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. Anjali a 5 postes sur son profil. A subscription to PACER is required. Urbanski did not recall Select giving its staff any PDPM education. 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). 1999). Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Download Select Medical Settlement Agreement.pdf. at 10-11. Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). Davis and Serene, the alleged decisionmakers, both met Hartman and Urbanski in person. Hartman contends there is no evidence of a formal offer of employment. Tr. We use cookies to analyze website traffic and optimize your website experience. Dep't of Corr. A more recent docket listing This case was filed in U.S. District Courts, Arkansas Eastern District. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. Trial Filings (Second Set) Deadline 1/28/2022. Media Co. , 902 F.3d 384, 403 (3d Cir. Archived post. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. Coin Caterers Corp. , 517 U.S. 308, 312, 116 S.Ct. Urbanski remained in her full-time position. This docket was last retrieved on March 15, 2022. at 11:22-12:5; Davis Dep. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. This is in addition to the required time and a half overtime pay. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | 1994). The settled civil claims are allegations only. Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. "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. , 68 F.3d 694, 699 (3d Cir. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. 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? The employees who were retained with pay cuts were Jennie, a physical therapist in her mid to late thirties, Kate, a PTA in her late thirties, Judy, a COTA in her fifties, and Susan, an occupational therapist in her late fifties. On several occasions, she testified that she, Serene and Human Resources made the decision. If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. Tr. Such retaliation violates federal and state laws. 2021) (citations omitted); McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802, 93 S.Ct. Select Rehabilitation LLC and Select Rehabilitation Inc. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. at 106:20-107:14; Davis Dep. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. 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. Pivirotto v. Innovative Sys., Inc. , 191 F.3d 344, 347 n.1 (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. PRNs do not receive health insurance. Official notification will go out to all employees of Select Rehabilitation over the past 3 years if the judge certifies the case as collective/class action. We provide: daily oversight; corporate strategic planning; online and on-site education, training and CEUs for licensure; and our proactive, responsive, hands-on local management is backed by our regional and national support. The affiant must set forth specific facts that reveal a genuine issue of material fact. Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. 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. Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. 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." 's Resp. Swierkiewicz v. Sorema N.A. A copy of the Complaint can be read here. Compl. 1817, 36 L.Ed.2d 668 (1973). R. CIV. It may arise where technology or other changes to the industry or workplace enabled the employer to reduce its workforce. Protection Plus, Inc. , 527 F.3d 358, 365 (3d Cir. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. This case was filed in U.S. District Courts, Florida Middle District Court. at 87:3-5, 94:13-14. Select Rehabilitation, Inc., et al., Civil Action No. 's Mot. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. Davis also claimed Hartman's documentation contained vague and subjective measurements for a patient's goal regarding grip strength. 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). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Discovery should begin shortly, then depositions, mandatory pre-trial mediation and a jury trial scheduled for 4/1/24. Status Report due by 12/14/2021. Though Davis and Serene may not have known Hartman and Urbanski's exact ages, the more than twenty year age gap was obviously apparent. Use the links below to access additional information about this case on the US Court's PACER system. MEMORANDUM CAPUTO, District Judge. Davis claimed she did not know Hartman's age when she and Serene made the decision to reduce her to PRN status. Status Report due by 12/14/2021. Questions about your PRWeb account or interested in learning more about our news services? REHA-Lise. Additional Information. 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | 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. See Muhammad v. Sills Cummis & Gross P.C. (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. These changes in Hartman's job amount to an adverse employment action. at 146:24-147:4. L at 5-9 ("Milks Decl."). Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. 2003). 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. Showalter v. University of Pittsburgh Medical , 190 F.3d 231, 236 (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"). Todays settlement reflects our commitment to protect patients and taxpayers by ensuring that the care provided to Medicare beneficiaries is dictated by their individual clinical needs and not by a providers financial interests, said Acting Assistant Attorney General Brian M. Boynton of the Justice Departments Civil Division. Copyright 1997-2015, Vocus PRW Holdings, LLC. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. 2017) (citing Burlington Indus., Inc. v. Ellerth , 524 U.S. 742, 761, 118 S.Ct. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 In others, she only listed codes instead of describing the skilled services she provided. at 15:23-16:12, 16:18-19. Urbanski is not. Hartman's hourly rate decreased from $51 to $48. She was 50 years old. 27), it is ORDERED that the motion is DENIED . 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. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. of Trs. 's Resp. at 78:9-12, 112:15-20; Davis Dep. Select's contention that Davis did not know their relative ages is disingenuous. Trial Filings (Second Set) Deadline 1/28/2022. (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 . (Cabrera, Krista) (Entered: 03/23/2021), Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. Anderson , 297 F.3d at 250. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. In making their decision to reduce therapists at each location sometime before the changes went into effect on October 1, 2019, Davis and Serene looked at the needs of each facility. Overtime pay is required under state law and the federal Fair Labor Standards Act (FLSA). Pa.). Serene was unavailable for deposition due to a health diagnosis. 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 . Final Pretrial Conference and Hearing on Motions in Limine set for 2/11/2022 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 6/28/2021. Monaco , 359 F.3d at 305. 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. 1:2021cv00039 - Document 46 (W.D. This press release was issued through 24-7PressRelease.com. 21-1753 | 2021-07-08. 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. at 61:22-62:7, 153:16-21; Hartman Dep. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Puy-de-Dme (63) CRCR Clermont-Ferrand. The parties disagree that Hartman suffered an adverse employment action and that Select used age as a factor in deciding to terminate Hartman, giving rise to an inference of age discrimination. If you do not agree with these terms, then do not use our website and/or services. Jury trial is scheduled for 4/1/2024 if it gets that far. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Tr. Thequi tamcase is captionedU.S. ex rel. P. 56(a). Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. The Newsletter Bringing the Legal System to Light. Tr. 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. , 534 U.S. 506, 511, 122 S.Ct. The lawsuit was filed on January 18 and the judge has approved the timeline for the lawsuit. Sempier , 45 F.3d at 729. She is a licensed occupational therapist. This is a sub for practicing physical therapists to discuss cases, research, old and new tricks, or other therapy-relevant topics. In addition to treating patients, her duties include administrative and supervisory tasks. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. 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. Discouraged Full Reporting of Hours Worked: The lawsuit also alleges that Select Rehabilitation and Reliant Rehab discouraged reporting of overtime hours and encouraged off the clock work in an attempt to keep employees from complaining and reporting their overtime hours. 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. Tr. at 123:5-23. 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 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. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. Therefore, we shall allow Hartman to amend her complaint to add the PHRA claim. 23). Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. McLaughlin Vanderveen, Lembke v. Select Rehabilitation LLC FLSA Collective and CLASS Action lawsuit, DOWNLOAD AND VIEW THE MCLAUGHLIN, VANDERVEEN, LEMBKE V. SELECT REHABILITATION LLC FLSA COLLECTIVE ACTION LAWSUIT, Plaintiffs McLaughlin, Vanderveen and Lembke request the Court certify for all Program Managers and Therapists, Dkt. (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. Media Co. , 902 F.3d at 402 (quoting Fuentes , 32 F.3d at 762 ). TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Tr. 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. (Cabrera, Krista) (Entered: 03/22/2021), (#1) NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV05917 Receipt No: ACACDC-30960825 - Fee: $402, filed by Defendant SELECT REHABILITATION, LLC.
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