21-1753 | 2021-07-08. 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. Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. Id. . Now a master's degree is required. of Phila. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. 22) ("Urbanski Deposition Transcript"); Davis Dep. (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. 1089. Copyright 1997-2015, Vocus PRW Holdings, LLC. 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. Tr. at 68:6-15. A more recent docket listing Same complaints from multiple facilities in our area. Cases involving employment discrimination (gender, age, religion, etc. at 68:2-5; Hartman Dep. at 38:14-17. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. 's Mot. (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. Tr. 2014) (citing Fuentes , 32 F.3d at 764 ). 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. Voir le profil de Anjali Harikumar sur LinkedIn, le plus grand rseau professionnel mondial. from 8 AM - 9 PM ET. Court Reporter: N/A. Hartman's hourly rate decreased from $51 to $48. TELL US ABOUT YOUR EXPERIENCE WITH SELECT REHAB. Hartman has produced evidence suggesting that Select's proffered legitimate, non-discriminatory reason for its employment decision is pretext for age discrimination. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. As a PRN, Hartman was on a list of temporary staff to call in as needed. Neither she nor Urbanski had any disciplinary history at Select. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. at 157:4-5. Tr. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et 25-26, DN 1). , 225 F.3d 1115, 112324 (9th Cir. Tr. By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. Thus, we shall deny Select's motion for summary judgment. 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. 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. Discovery Motion Hearing Deadline 11/05/2021. (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. Select Rehab has a strong client base in Illinois. Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. (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. If you need help in collecting unpaid overtime wages, unpaid commissions, being wrongfully terminated from work, and other employment law claims, contact one of their attorneys today. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Because Davis did not learn Hartman's age until this litigation began, Select argues, she could not have discriminated against her on the basis of age. Status Report due by 12/14/2021. Id. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. (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. Select Medical Corporation Comments on Settlement of Qui Tam Lawsuit in 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. The affiant must set forth specific facts that reveal a genuine issue of material fact. Willis , 808 F.3d at 644 (citing Burton , 707 F.3d at 42627 ). & Proc. If you do not agree with these terms, then do not use our website and/or services. There is no other evidence of the offer in the record. at 85:14-20. Tr. 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). The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. 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. 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. Davis Dep. Shiney, an occupational therapist at Towne Manor West who is around 40, was switched from full-time to part-time. Adderall XR lasts for an average of around 12 hours, compared to the typical four . 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 . 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. Compl. Both Serene and Davis were absent from Towne Manor East. 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 accepting our use of cookies, your data will be aggregated with all other user data. 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. 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. 2003). Select Rehabilitation "rehab" Reviews | Glassdoor 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And Misappropriation Of Trade Secrets Against Empowerme Rehabilitation Il, Llc, Erik D. Painter, Paul Vazquez ( Filing Fee $ 402 Receipt Number 0754-4423536. 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 Service of the Summons and Complaint were executed upon Jessie Gastelum, Registered Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. The U.S. District Court for the Southern District of Illinois reported the following activities in the suit brought by Select Rehabilitation, LLC against EmpowerMe Rehabilitation IL, LLC, Erik D. Painter and Paul Vazquez on March 9. Concurrent treatment is expected everyday and you're repeatedly "talked" to if you don't do it daily. 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. Examples of such evidence include previous acts of discrimination against the plaintiff, discrimination against other persons within the plaintiff's protected class or within another protected class, or a showing that the defendant has treated similarly situated non-members of the protected class more favorably. Official websites use .gov Working at Select Rehabilitation: 324 Reviews about Management | Indeed.com See document for further details. 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. INRAE center Clermont-Auvergne-Rhne-Alpes 1:2021cv00039 - Document 46 (W.D. 2004) (citing Anderson , 297 F.3d at 250 ) (similarly situated employees "work in the same area in approximately the same position"). Co. v. Evans , 166 F.3d 139, 15354 (3d Cir. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), Docket(#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. at 75:11-17. Davis contends she resigned after she was switched to PRN status. 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. Tr. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. BBB File Opened: 8/24/2010. No appearance is required. Id. 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 50:6-8; Davis Dep. 2015) (quoting Jones v. Sch. Tr. The defendant's burden is "relatively light." 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. The primary differences were age, education, number of years of experience and hourly rate. 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"). If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. 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. Dist. 1988) (Evidence that the 56 year-old plaintiff was discharged during a reduction-in-force and replaced by a 47 year-old employee was sufficient to establish a prima facie case of age discrimination). Hartman Dep. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. Hartman Dep. Because it calls for a factual determination, it is a jury question. The plaintiff in a reduction-in-force case cannot establish the fourth element by showing only that a younger worker was retained and she was not. Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. Ex-employee accused of stealing trade secrets, accessing systems illegally. Id. A reasonable factfinder could conclude that Select's decision to retain Urbanski over Hartman, who was 23 years older, was motivated by age discrimination. & Prof. Code 17200, et seq. Because there are disputed issues of fact and credibility that must be determined by a jury, we shall deny Select's motion for summary judgment. Credibility determinations, the drawing of legitimate inferences from facts, and the weighing of evidence are matters left to the jury. Hartman claims Select's decision was motivated by her age. 1999). JUSTICE FOR WORKERS OF SELECT REHAB LLC WHO SUFFERED TO WORK OFF THE CLOCK OVERTIME HOURS WITHOUT BEING PAID AS REQUIRED BY THE FLSA: ATTENTION ALL PROGRAM MANAGERS AND THERAPISTS: https://selectrehabovertimelawsuit.com/ selectrehabovertimelawsuit.com (gk) (Entered: 04/29/2021), (#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. Hartman contends there is no evidence of a formal offer of employment. See Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. Though "similarly situated" does not mean "identically situated," the employees "must nevertheless be similar in all relevant respects." 1995) ("There is no magical formula to measure a particular age gap and determine if it is sufficiently wide to give rise to an inference of discrimination."). The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. Susan's retention as a full-time occupational therapist at Towne Manor West may militate against an inference of age discrimination. Eastern District of Pennsylvania | Montgomery County Skilled Nursing A: As I've said before, HR"). Discovery Motion Hearing Deadline 11/05/2021. In addition to treating patients, her duties include administrative and supervisory tasks. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Davis and Serene, the alleged decisionmakers, both met Hartman and Urbanski in person. 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. 2001) (internal citation and quotation marks omitted). (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 . (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. Davis Dep. Rehab Center Loses Computer Fraud Claim in Ex-Employee Lawsuit Hartman referred to the role as "Director of Rehabilitation." NOW , this 25th day of March, 2021, upon consideration of the defendant Select Rehabilitation, LLC's Motion for Summary Judgment (Document No. There are also inconsistencies in Davis's testimony about who was involved in the decision to retain Urbanski over Hartman. 118:6-14; Davis Dep. FED. Tr. at 76:21-78:8, 112:4-14; Davis Dep. at 72:9-16; Hartman Dep. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Serene was unavailable for deposition due to a health diagnosis. Contract rehabilitation therapy companies, like other health care providers, will be held accountable if they knowingly provide patients with unnecessary services that waste taxpayer dollars., Skilled nursing facility residents and their families must be assured that the care and therapy that residents receive is based on medical need, not greed, said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. Pl. 's Resp. Id. Katie Milks, a licensed Physical Therapy Assistant ("PTA") and the backup Program Manager at Towne Manor West, corroborated that Hartman was the backup Program Manager at Towne Manor East, followed briefly by Niketa Patel, a physical therapist. Even if Macalis were similarly situated to Hartman, her age of 48 does not preclude a finding of age discrimination. 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. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Settlement Conference Deadline 12/3/2021. Hartman argues that we should follow the traditional prima facie standard. Our highly qualified therapists provide superior clinical care that allows patients to achieve and maintain a better quality of life as they successfully transition and reside in their discharge environment. at 49:12-18; Urbanski Dep. v. Burdine , 450 U.S. 248, 253, 101 S.Ct. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Case Summary. (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 . Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Tr. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. 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. 's Mot. Tr. We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. She is a licensed occupational therapist. Hartman claims Select's decision was motivated by her age. at 16:19-18:3, 66:6-19. 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. 1998) ). This docket was last retrieved on March 15, 2022. Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. Urbanski is not. 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. 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. They considered each employee's leadership skills, clinical performance and documentation. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Thequi tamcase is captionedU.S. ex rel. The case status is Pending - Other Pending. at 87:3-5, 94:13-14. sites in 46 states across the nation and growing. Davis Dep. 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 . This practice would allow the companies to increase profits with unpaid wages of employees who worked off the clock.". ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 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. Swierkiewicz v. Sorema N.A. Alleged Practices Related to Denial of Overtime Pay. It "need not prove that the tendered reason actually motivated" its decision. 2007) (denying summary judgment where three employees aged 33, 35 and 60 assumed the 50 year-old plaintiff's duties). There is no evidence of the job title, hours, rate of pay, benefits or any other details. at 136:15-19. The Court VACATES the Scheduling Conference set for 4/30/2021. (DELGAIZO, CHRISTOPHER) Related: [-] Att: 1 Civil Cover Sheet, Att: 2 Designation Form, Att: 3 Case Management Track Form service Summons Issued Mon 04/13 11: . In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . Service of the Summons and Complaint were executed upon Jessie Gastelum, Registered Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Chuang v. Univ. Jury Demanded, filed by Plaintiff Nikolay Nisimov. at 68:16-69:9; Davis Dep. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. Because they are not subject to cross-examination, affidavits are scrutinized carefully. at 16:24-17:14. Select has since adopted the position that it made an offer to Hartman, which Hartman now denies. Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). 1996) (citation omitted). 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, Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. Willis , 808 F.3d at 64445 (citing Fuentes , 32 F.3d at 765 ). 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.