select rehabilitation lawsuit

Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. 1999). Pl. 2014) (citing Fuentes , 32 F.3d at 764 ). 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. (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), U.S. District Courts | Civil Right | Affs. Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. Dist. (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. Tr. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. could benefit from more. 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. 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 . A reasonable jury, looking at the inconsistencies in Select's reasons for retaining Urbanski over Hartman and the lack of other possible reasons for their decision, could conclude that the real reason was age. Tr. at 15:23-16:12, 16:18-19. If you do not agree with these terms, then do not use our website and/or services. R. CIV. Non-Discovery Motion Hearing Deadline 11/19/2021. 2000). for Summ. Rather the layoffs were due to changing business needs based on, among other things, technological developments such as the predominant use of emails as opposed to faxes, which Operations employees once hand-delivered."). The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. 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. at 85:14-20. 2007) (denying summary judgment where three employees aged 33, 35 and 60 assumed the 50 year-old plaintiff's duties). Id. , 982 F. Supp. As previously discussed, Susan's retention as occupational therapist at Towne Manor West militates against an inference of age discrimination. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. Hartman argues that we should follow the traditional prima facie standard. Urbanski remained in her full-time position. I've worked at 3 Select Rehab facilities and the teams I've worked with have always been wonderful. Tr. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et Id. 's Resp. New comments cannot be posted and votes cannot be cast. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Susan's retention as a full-time occupational therapist at Towne Manor West may militate against an inference of age discrimination. Tr. Because Hartman is proceeding under a pretext theory and does not present any "direct evidence" of discrimination, her claims are governed by the burden-shifting McDonnell Douglas analysis. at 70:11-23; Urbanski Dep. 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. McLaughlin v. Select Rehabilitation LLC 3:2022cv00059 | US District ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. Id. (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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Such retaliation violates federal and state laws. Although Select does not conduct formal performance reviews of its therapists, it completes quarterly audits of their documentation to ensure they are meeting standards. (gk) (Entered: 04/29/2021), (#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. 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. 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. Serene informed Hartman that it was an "HR decision" and "nothing personal.". 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. Nikolay Nisimov v. Select Rehabilitation, LLC et al - UniCourt Anjali Harikumar - Grenoble, Auvergne-Rhne-Alpes, France - LinkedIn of Phila. 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. Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. 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. McLaughlin, Vanderveen and Lembke explain that the company knows that the job of a program manager cannot be performed within 40 hours in a week, but that the company warned them against reporting or claiming their overtime hours but unlawfully encouraged, pressured and permitted them to work off the clock without pay, including on weekends, and pursuant to a company De Facto (unwritten) policy that said no overtime hours on the clock. at 27:2-8, 27:21-28:13. 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. at 68:16-69:9; Davis Dep. , 621 F. App'x 96, 99-101 (3d Cir. The defendant's burden is one of "production, not of persuasion." A: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? There are genuine issues of material fact bearing on whether Hartman's elimination as part of Select's reduction-in-force was the result of age discrimination under ADEA and the PHRA. The Select Rehab employee class overtime wage information site, Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. at 75:11-17. Hartman Dep. at 62:22-63:21. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477). Also, the FLSA mandates employers must cover the lawyer's fees directly," explains Feldman. Burdine , 450 U.S. at 256, 101 S.Ct. 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. 2001) (internal citation and quotation marks omitted). L at 5-9 ("Milks Decl."). No appearance is required. Tr. Urbanski Dep. Protected by Google ReCAPTCHA. Tr. 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. Download Select Medical Settlement Agreement.pdf. 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. 1995) ) (citations omitted); see also Barber v. CSX Distribution Servs. A reduction-in-force can result from any number of factors. 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 9:5-8. Filing 1 COMPLAINT against Select Rehabilitation LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19128198) filed by Christine McLaughlin. of Trs. 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. (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. 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. Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Dist. Employees were also allegedly denied second off-duty meal breaks when working ten [10] hour shifts. Pa.). SSM Select Rehab | Better Business Bureau Profile , 68 F.3d 694, 699 (3d Cir. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. . at 73:20-74:9. Davis, Bd. Under this alleged scheme, if overtime hours were reported, a therapist would fail the productivity standard and would be subject to disciplinary action, including termination of employment. (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). 2d 462, 479 (E.D. PRNs do not receive health insurance. may be available from PACER. Tr. She is a licensed occupational therapist. 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. R. CIV. 1998) ). Tr. 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. Puy-de-Dme (63) CRCR Clermont-Ferrand. Copyright 1997-2015, Vocus PRW Holdings, LLC. Blumenthal Nordrehaug Bhowmik De Blouw LLP is an employment law firm with offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside and Chicago that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act. Finally, one place to get all the court documents we need. Hartman claims Select's decision was motivated by her age. Public Records Policy. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. for Leave to Am. Id. of Pitts. Id. Because they are not subject to cross-examination, affidavits are scrutinized carefully. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. at 51:13-18, 98:3-98:9; Urbanski Dep. REHA-Lise. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. 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. at 16:19-18:3, 66:6-19. (mckenna, William)'. Hartman, Shiney and Susan are all in the protected class. at 146:24-147:4. INRAE center Clermont-Auvergne-Rhne-Alpes (ECF 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). Urbanski Dep. 1999) ) (further citations omitted). The Judges overseeing this case are Harvey E. Schlesinger and Joel B. Toomey. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Tr. Select Rehabilitation insights Based on 661 survey responses What people like Feeling of personal appreciation Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. (gk) (Entered: 04/20/2021), (#28) ORDER by Judge Stanley Blumenfeld, Jr. Court Reporter: Not Present. Eastern District of Pennsylvania | Montgomery County Skilled Nursing BBB File Opened: 8/24/2010. at 85:14-20. Select Rehabilitation | News & Events at 79:23-81:19. There has been no determination of civil liability. 1:2021cv00039 - Document 46 (W.D. 118:9-14. 776 F.3d 181 (3d Cir. PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. Davis praised Urbanski's leadership potential, citing her assistance with Select's PDPM education. Trial Filings (Second Set) Deadline 1/28/2022. This practice would allow the companies to increase profits with unpaid wages of employees who worked off the clock.". Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. (Cabrera, Krista) (Entered: 03/22/2021), (#3) CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties filed by Defendant SELECT REHABILITATION, LLC identifying SRI Intermediate, LLC as Corporate Parent. See also Daniels v. Sch. (gk) (Entered: 04/20/2021), (#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 . There is evidence that Hartman and Urbanski were similar. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. On the other hand, Mike, Judy and Kendra are not similarly situated. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). See document for further details. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Ideal Dairy Farms, Inc. v. John Labatt, Ltd. , 90 F.3d 737, 744 (3d Cir. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. Tr. Low treatment minutes even if the pt. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. (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. Macalis reported to Shelley Serene, the regional manager of seven facilities serviced by Select. Select Rehabilitation Reviews - Glassdoor 1089, 67 L.Ed.2d 207 (1981) ). Anderson , 297 F.3d at 250. If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. Kelli Davis DPT,GCS,CEEAA - Regional Vice President - Select Tr. at 72:9-16; Hartman Dep. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | 2:16-cv-03569 (D.N.J.). at 645 (citing Fuentes , 32 F.3d at 764 ). from 8 AM - 9 PM ET. O'Connor v. Consol. You are not alone if you suffered to work without pay working for Select Rehab. 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. 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 . Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. This rating has decreased by -4% over the last 12 months. Hartman is comparing herself to other similarly situated employees. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. Hartman Dep. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. There is no bright line age difference to satisfy the "sufficiently younger" requirement. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. 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 . By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. The Newsletter Bringing the Legal System to Light. Davis also claimed Hartman's documentation contained vague and subjective measurements for a patient's goal regarding grip strength. to Def. Id. & Proc. The investigation concerns whether the two companies have engaged in practices that. Tr. , 808 F.3d 638, 644 (3d Cir. Pl. Tr. 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 . 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. 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. 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. Hartman also worked as an occupational therapist at Suburban Woods. at 67:14-15. An "adverse employment action" is "one which is serious and tangible enough to alter an employee's compensation, terms, conditions, or privileges of employment." Hartman claims she was terminated. The Centre is part of a particularly dynamic ecosystem, within the second French . (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. (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.

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