(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 . Urbanski did not recall Select giving its staff any PDPM education. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Because it calls for a factual determination, it is a jury question. (gk) (Entered: 04/16/2021), (#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. 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. at 62:13-18. There is no evidence that they perform functions or have responsibilities similar to Hartman. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. Id. Moving for summary judgment, Select argues that the elimination of an occupational therapist position was part of a company-wide reduction-in-force, and it retained Rachel Urbanski, the younger occupational therapist, instead of Hartman because Urbanski had superior leadership potential, clinical performance and documentation. 20CV002240, is currently pending in the Monterey County . See document for further details. These questions should be discussed directly with your physical therapist. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. Id. at 16:19-18:3, 66:6-19. Both Serene and Davis were absent from Towne Manor East. Court Reporter: Not Present. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). at 75:11-17. at 15:23-16:12, 16:18-19. (mckenna, William)'. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Tr. at 76:21-77:2, 79:14-18, 93:24-94:10. The affiant must set forth specific facts that reveal a genuine issue of material fact. 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. She is a licensed occupational therapist. 2004) (citing Anderson v. Consol. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. Questions about a news article you've read? 2000) ; failing to rehire someone, Sarullo v. USPS , 352 F.3d 789, 800 (3d Cir. Tr. 2003) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. The Select Rehab employee class overtime wage information site, Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. According to Davis, in reviewing progress notes, she found that Hartman's documentation contained inconsistencies regarding one patient's activity tolerance level, another's mobility and another's dressing goal. Genesis Healthcare Inc. Agrees to Pay Federal Government $53.6 Million 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. Jury trial is scheduled for 4/1/2024 if it gets that far. 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. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. Questions about your PRWeb account or interested in learning more about our news services? 1995). Our responsive, hands-on local management is backed by our . Protected by Google ReCAPTCHA. Tr. 1999). 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 . Protection Plus, Inc. , 527 F.3d 358, 365 (3d Cir. Court Reporter: N/A. 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. Davis visits Towne Manor East approximately three to five times a year. What qualifies as an adverse employment action is broader than the statutory definition. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. You are not alone if you suffered to work without pay working for Select Rehab. Download Select Medical Settlement Agreement.pdf. 's Mot. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | (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. 118:9-14. Id. This docket was last retrieved on March 15, 2022. Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. Under the burden-shifting McDonnell Douglas analysis, Hartman must first establish a prima facie case of discrimination based on her age. Settlement Conference Deadline 12/3/2021. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. Pl. Tr. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. The discovery the parties have completed regarding the ADEA claim is equally applicable to the PHRA claim. Id. Davis admitted that Select did not conduct performance reviews. to Def. Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. 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. 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. Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. Select claims Hartman resigned after being reduced from full-time to part-time pro re nata status. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. The combined difference in ages between the plaintiff and the retained employees who took over the plaintiff's duties can raise an inference of age discrimination. Hartman referred to the role as "Director of Rehabilitation." It contained nothing about an alternative placement in Florida. Tr. Id. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. It can satisfy its burden by "introducing evidence which, taken as true, would permit the conclusion that there was a non-discriminatory reason for the unfavorable employment decision." This case was filed in U.S. District Courts, Florida Middle District Court. As part of the reduction-in-force, Hartman was switched to a part-time, pro re nata ("PRN") role at the end of September 2019. See In re CitX Corp. , 448 F.3d 672, 680 (3d Cir. Trial Filings (First Set) Deadline 01/14/2022. Feldman Legal Group provides legal support for people in, This press release was issued through 24-7PressRelease.com. Tr. Select rehabilitation law suit. Any PTs that work for select The defendant's burden is one of "production, not of persuasion." Id. 23). Gen. Assur. at 32:12-23, 53:13-15, 58:24-60:7, 98:15-99:4, 154:5-10. Urbanski remained in her full-time position. 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, Urbanski Dep. Her hourly rate is $38. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. of Pitts. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. Willis , 808 F.3d at 64445 (citing Fuentes , 32 F.3d at 765 ). 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. Was this review helpful? To support its claim that age was not a factor, Select contends it retained employees of Hartman's age and older while reducing others under 40 years old. 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? Select has since adopted the position that it made an offer to Hartman, which Hartman now denies. 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 19:3-5; Urbanski Dep. Cases involving employment discrimination (gender, age, religion, etc. at 76:21-78:8, 112:4-14; Davis Dep. In 2019, Medicare introduced changes to its regulatory model. Thus, we shall deny Select's motion for summary judgment. 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 . 1089, 67 L.Ed.2d 207 (1981) ). 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. LIFT. If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. at 136:15-19. There is evidence that Hartman and Urbanski were similar. Dist. at 50:24-51:12; Davis Dep. Hartman Dep. Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. 's Resp. ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. Discovery Motion Hearing Deadline 11/05/2021. at 68:2-5; Hartman Dep. 2257, 141 L.Ed.2d 633 (1998) ); reassigning an employee to a "dead-end" position that was soon eliminated, Torre , 42 F.3d at 831 ; giving an employee a potentially less profitable sales position, Goosby v. Johnson & Johnson Med., Inc. , 228 F.3d 313, 319 (3d Cir. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. Also, the FLSA mandates employers must cover the lawyer's fees directly," explains Feldman. An official website of the United States government. Voir le profil de Anjali Harikumar sur LinkedIn, le plus grand rseau professionnel mondial. at 69:21-70:3. 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. Her nickname among the employees was "Assistant Director of Rehabilitation," though she never held an official title of "director" or "manager.". Tr. Auvergne-Rhne-Alpes - Centre ressource rhabilitation 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. , 198 F.3d 403, 412 (3d Cir. Progress notes summarize the patient's progress over the past few weeks, whereas daily notes summarize the therapy services the patient received on a given day. , 808 F.3d 638, 644 (3d Cir. Plaintiff, Select Rehab, Inc., filed the present action seeking a refund of taxes paid when Defendant determined that Plaintiff's medical directors were employees rather than independent contractors for purposes of federal employment tax liability. SSM Select Rehab | Better Business Bureau Profile 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. 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. We will hold all health care providers who violate the False Claims Act responsible for their actions., Sticking taxpayers with a hefty bill for unnecessary health care services will never be tolerated, said Special Agent in Charge Scott J. Lampert of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). Eastern District of Pennsylvania | Montgomery County Skilled Nursing 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. , 534 U.S. 506, 511, 122 S.Ct. As a PRN, Hartman's hourly rate decreased to $48. 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. 's Mot. 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. Three other Towne Manor staff members suffered adverse employment actions. No breaks or holidays, pay cuts, no reimbursement for job expenses, no 401K contribution, no Covid pay, expensive health care, micromanaged, unrealistic productivity expectations, expect employees to work off the clock, no response from HR. 21-1753 | 2021-07-08. Co. , 860 F.2d 1209 (3d Cir. Davis denied ever telling the staff at Towne Manor East or West that their jobs were safe. 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?? A: Shelly [sic ] and I made that decision together"). Tr. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. for Summ. Non-Discovery Motion Hearing Deadline 11/19/2021. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . This case was filed in U.S. District Courts, California Central District Court. Serene visits the facilities she oversees, including Towne Manor East, about ten to twenty times a year. Recertifications concern whether a patient needs continued services. Ky. 2021) Court Description: MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 8/24/2021 denying 35 Motion to Dismiss for Failure to State a Claim cc: Counsel (JWM) Download PDF Feldman Legal Group Shakes Up the Therapy Industry Against Two of the They have no schedule and are not guaranteed a number of hours. Fair pay and good/affordable benefits. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. Serene reported to Kelli Davis, the divisional vice president overseeing 52 facilities serviced by Select in Pennsylvania, Massachusetts and Florida. It "need not prove that the tendered reason actually motivated" its decision. 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. Select's contention that Davis did not know their relative ages is disingenuous. at 61:22-62:7, 153:16-21; Hartman Dep. 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"). Hartman claims Select's decision was motivated by her age. (lh) (Entered: 03/23/2021), (#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. (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. 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. Select Rehab has a strong client base in Illinois. Cancellation and Refund Policy, Privacy Policy, and 2:16-cv-03569 (D.N.J.). TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. 2405, 165 L.Ed.2d 345 (2006) (quoting Oncale v. Sundowner Offshore Services, Inc. , 523 U.S. 75, 81, 118 S.Ct. at 79:23-81:19. See also In re Trib. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. Case number 3:21-cv-00270 was filed in the U.S. District Court for the Southern District of Illinois on March 9. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. Select Rehabilitation LLC and Select Rehabilitation Inc. JUSTICE FOR WORKERS OF SELECT REHAB - Feldman Legal Group | Facebook Id. Tr. However, productivity standards are not always attainable, I did not always feel supported by . A more recent docket listing Dist. Was this review helpful? Dist. Co. , 359 F.3d 296, 301 (3d Cir. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. Tr. Tr. Though Davis and Serene may not have known Hartman and Urbanski's exact ages, the more than twenty year age gap was obviously apparent. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. We use cookies to analyze website traffic and optimize your website experience. (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. Cision Distribution 888-776-0942 (Cabrera, Krista) (Entered: 03/29/2021), Docket(#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.