Swierkiewicz v. Sorema N.A. 2548, 91 L.Ed.2d 265 (1986). Hartman Dep. Tr. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. 20CV002240, is currently pending in the Monterey County . The Court VACATES the Scheduling Conference set for 4/30/2021. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Tr. Tr. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. at 21:14-19. at 157:4-5. Co. v. Evans , 166 F.3d 139, 15354 (3d Cir. See Muhammad v. Sills Cummis & Gross P.C. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman . Drawing all inferences in favor of Hartman as the non-movant, she has established that Select's reduction-in-force discriminated against older workers and her in particular, thus satisfying the fourth element of the prima facie case under either the traditional or the reduction-in-force standard. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. Blumenthal Nordrehaug Bhowmik De Blouw LLP, File a Class Action Lawsuit As previously discussed, Susan's retention as occupational therapist at Towne Manor West militates against an inference of age discrimination. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. Id. Will be used in accordance with our terms of service & privacy policy. Davis claimed she did not know Hartman's age when she and Serene made the decision to reduce her to PRN status. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. Tr. Willis , 808 F.3d at 644 (citing Burton , 707 F.3d at 42627 ). 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. Rhne (69) GENOPSY. This is in addition to the required time and a half overtime pay. Id. to Def. Co. , 359 F.3d 296, 301 (3d Cir. According to Hartman, Select did not implement a "genuine" reduction-in-force because the reduction was not caused by a decline in business. Tr. A: As I've said before, HR"). Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. 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 Christine McLaughlin, Crystal Vanderveen and Justin Lembke. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Select Rehabilitation | Contract Therapy Solutions Select eliminated one of two occupational therapist positions at its Towne Manor East facility as part of a reduction-in-force and terminated Hartman while retaining a significantly younger occupational therapist for the remaining full-time position. 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). at 24:12-25:4, 25:10-17; Milks Decl. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. As a PRN, Hartman's hourly rate decreased to $48. Auvergne-Rhne-Alpes - Centre ressource rhabilitation Under Medicare's new Patient Driven Payment Model ("PDPM"), therapists can now provide therapy services in groups and no longer have to provide therapy one-on-one. at 136:15-19. 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. 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | J. Ex. Was this review helpful? Select determined that it no longer needed two occupational therapists at Towne Manor East. By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. In others, she only listed codes instead of describing the skilled services she provided. Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. Bus. McLaughlin v Select Rehabilitation LLC | 3:22-CV-00059 | Court Records 's Mot. Doe v. Select Medical Corporation et al.,No. Settlement Conference Deadline 12/3/2021. (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. , 964 F.2d 577, 583 (6th Cir. Viewing the facts in the light most favorable to Hartman, a reasonable jury could conclude that age discrimination motivated Select's decision to eliminate her position. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. 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 Robert Smeltzer to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #23 . Davis denied ever telling the staff at Towne Manor East or West that their jobs were safe. 2006) (citing 10A Charles Alan Wright et al., Fed. Non-Expert Discovery cut-off 10/8/2021. 2d 547, 558 (E.D. 2722, at 373, 379 (3d ed. A more recent docket listing 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. at 38:14-17. Id. McLaughlin v. Select Rehabilitation LLC 3:2022cv00059 | US District April 21, 2021 You are not alone if you suffered to work without pay working for Select Rehab. (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. at 51:13-18, 98:3-98:9; Urbanski Dep. at 10-11. Id. at 16:19-18:3, 66:6-19. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. If you are not a licensed PT or currently under the care of a PT please do not post here. Dist. at 94:11-96:6. at 27:6-8; Davis Dep. 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. Retaliation Against Employees Who Speak Out: Not only did Select Rehabilitation and Reliant Rehab possibly force employees to work unpaid overtime, they may have retaliated when workers complained as well. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. There is evidence that Hartman and Urbanski were similar. Tr. Id. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. There has been no determination of civil liability. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. 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. Jury trial is scheduled for 4/1/2024 if it gets that far. 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. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. 22), the defendant's reply (Document No. at 62:22-63:21. Three other Towne Manor staff members suffered adverse employment actions. 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. Cases involving employment discrimination (gender, age, religion, etc. BBB File Opened: 8/24/2010. '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. (lh) (Entered: 03/23/2021), (#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. We shall refer to Hartman's separation from full-time employment as "elimination" or "reduction" in this opinion. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. (Cabrera, Krista) (Entered: 03/23/2021), Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. Select Rehab. v. Empowerme Rehab. Ky. - casetext.com 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. 1999). Hartman claims she was terminated. Davis Dep. Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. They have no schedule and are not guaranteed a number of hours. Urbanski Dep. 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. (lh) (Entered: 03/23/2021), DocketCONFORMED 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. Id. There will be no prejudice to Select. Use the links below to access additional information about this case on . 2002) ). of Pitts. 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, 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"). Original Summons NOT returned. (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. SSM Select Rehab | Better Business Bureau Profile (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. (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). Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. For further information, visit http://www.24-7pressrelease.com. Working at Select Rehabilitation: 647 Reviews in US - Indeed The matter was handled by Trial Attorney Yolonda Campbell of the Civil Division and Assistant U.S. Attorney Marihug Cedeo for the District of New Jersey. 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"). 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. There is no evidence that they perform functions or have responsibilities similar to Hartman. Id. Tr. 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. Davis, Bd. Tr. In addition to treating patients, her duties include administrative and supervisory tasks. 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. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | Tr. Susan's retention as a full-time occupational therapist at Towne Manor West may militate against an inference of age discrimination. Original Summons NOT returned. In 2019, Medicare introduced changes to its regulatory model. Medicare requires therapists to complete documentation with patient-specific details, and objective standardized tests and measures to show a patient's progress and outcome. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. 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. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . v. Burdine , 450 U.S. 248, 253, 101 S.Ct. at 645 (citing Fuentes , 32 F.3d at 764 ). Official websites use .gov Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). Years in Business: 26. Business Started: 11/1/1996. On several occasions, she testified that she, Serene and Human Resources made the decision. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before 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. Tr. "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. sites in 46 states across the nation and growing. Plaintiff Lembke, a former PT alleges that while required by SELECT REHAB to treat patients and bill 8 hours per day, and hit 95% productivity quota, he had to spend numerous hours inputting data, his notes and satisfy reporting requirements which forced her to work more than 40 hours routinely and off the clock, and with the knowledge of the PM and others, and thus the company. (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. See document for further details. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. Hartman claims Select's decision was motivated by her age. See also Healy v. New York Life Ins. P. 56(a). ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. Select Rehab has a strong client base in Illinois. (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 . Select Rehabilitation, Inc., et al., Civil Action No. Hartman's PHRA claim was dismissed because she had not exhausted her administrative remedies before the Pennsylvania Human Relations Commission with respect to that claim. at 136:10-14. 2021) (citations omitted); McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802, 93 S.Ct. Tr. Tr. Id. 1992) ). (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: . Questions about a news article you've read? Martinez v. UPMC Susquehanna , 986 F.3d 261, 266 (3d Cir. More details about Select Rehab's surprising acquisition of industry Macalis reported to Shelley Serene, the regional manager of seven facilities serviced by Select. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. Id. Id. Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. As a result, Select decided to reduce staff at some of its facilities. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. Use the links below to access additional information about this case on the US Court's PACER system. In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). Select Medical Corporation and Encore GC Acquisition LLC have agreed to pay $8.4 million to resolve allegations that Select Medical Rehabilitation Services Inc. (SMRS) violated the False Claims Act by knowingly causing 12 skilled nursing facilities (SNFs) in New York and New Jersey to submit false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary or skilled. 2003) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. 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 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. 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). 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. 2015) ("[A]t no time did Sills Cummins claim that economic hardship motivated its decision to reduce the Operations Department. Willis , 808 F.3d at 644 (citations omitted). Satisfying the fourth prima facie element in a reduction-in-force age discrimination case requires more than what is required in a typical age discrimination case. The Court VACATES the Scheduling Conference set for 4/30/2021. at 69:21-70:3. (the UCL), by engaging in a company-wide policy and procedure which failed to accurately calculate and record the correct overtime rate for the overtime worked by PLAINTIFF and other CALIFORNIA CLASS Members. at 54:1-54:23; Def. September 21, 2020. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), Docket(#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. Id. Consultez le profil complet sur LinkedIn et dcouvrez les relations de Anjali, ainsi que des emplois dans des entreprises similaires. A reduction-in-force can result from any number of factors. 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. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | See FED. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. 992, 152 L.Ed.2d 1 (2002) ; Starceski v. Westinghouse Electric Corp. , 54 F.3d 1089, 1096, n. 4 (3d Cir. Trial Filings (Second Set) Deadline 1/28/2022. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. 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. 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. 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 27:2-8, 27:21-28:13. Hartman claims that Serene refused, but offered her a full-time position in Florida. 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more.