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. 21), the plaintiff's response (Document No. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Although Davis claimed that leadership potential, clinical performance and documentation "weighed equally" in Select's decision, she stated that the decision was based "primarily" on documentation. 2d (BNA) 152: January 2013. 2014) (citing Fuentes , 32 F.3d at 764 ). The retained employees do not have to be outside the protected class to qualify as "sufficiently younger." ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. The case status is Pending - Other Pending. Id. 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?? 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 . If you are not a licensed PT or currently under the care of a PT please do not post here. A copy of the Complaint can be read here. "With the aid of an employment lawyer, these employees may seek several forms of compensation, including reinstatement, promotion, recovery of lost wages, and punitive damages. 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. 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. 2008) (internal quotation marks omitted) (quoting Tex. Tr. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. Requests for advice or education regarding your personal health issues will be removed and you may be banned. 2015) (To constitute an adverse employment action, transfers must "be detrimental or undesirable in some objective way"). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Hartman argues that we should follow the traditional prima facie standard. Change the course of yours. at 33:7-18, 44:24-45:3. 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. 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. It "need not prove that the tendered reason actually motivated" its decision. 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) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. In November 2020, Defendant EmpowerMe Rehabilitation Kentucky LLC ("EmpowerMe") began an effort to recruit and hire away several Select employees, including Defendant Paula Vazquez ("Vazquez"), Select's Staffing Coordinator, who accepted a position with EmpowerMe. The discovery the parties have completed regarding the ADEA claim is equally applicable to the PHRA claim. In re CitX Corp. , 448 F.3d at 680 (citing 10A Charles Alan Wright et al., Fed. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. In 2019, Medicare introduced changes to its regulatory model. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et al, No. Media Co. , 902 F.3d 384, 403 (3d Cir. 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. Same complaints from multiple facilities in our area. She asked Serene if she could remain in a full-time position with a pay cut. (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 . She was 50 years old. Hartman Dep. Tr. Select decided to implement a company-wide reduction-in-force in anticipation of the PDPM system. Adderall XR lasts for an average of around 12 hours, compared to the typical four . (Cabrera, Krista) (Entered: 03/23/2021), (#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. Id. What qualifies as an adverse employment action is broader than the statutory definition. Jury Demanded, filed by Plaintiff Nikolay Nisimov. at 68:16-69:9; Davis Dep. The CEUs are only through their website, not reimbursed for any course. 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). See document for further details. See also Daniels v. Sch. Hartman, Shiney and Susan are all in the protected class. Select has since adopted the position that it made an offer to Hartman, which Hartman now denies. Discovery should begin shortly, then depositions, mandatory pre-trial mediation and a jury trial scheduled for 4/1/24. 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. 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. Hartman is comparing herself to other similarly situated employees. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. Doe v. Select Medical Corporation et al.,No. at 27:2-8, 27:21-28:13. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. See FED. An official website of the United States government. For further information, visit http://www.24-7pressrelease.com. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. for Summ. L at 5-9 ("Milks Decl."). Serene was unavailable for deposition due to a health diagnosis. 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. Protected by Google ReCAPTCHA. 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. (Cabrera, Krista) (Entered: 03/23/2021), Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. 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. We're the nation's trusted leader in contract therapy services. 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. at 10-11. Susan's retention as a full-time occupational therapist at Towne Manor West may militate against an inference of age discrimination. 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. If you do not agree with these terms, then do not use our website and/or services. 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."). When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. 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). The lawsuit was filed on January 18 and the judge has approved the timeline for the lawsuit. Urbanski Dep. Feldman Legal Group provides legal support for people in, This press release was issued through 24-7PressRelease.com. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. (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. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. 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). at 21:14-19. Public Records Policy. 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. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. Tr. Case Summary. for Leave to Am. Tr. 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. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | 's Ex. Davis was not aware that employees sometimes referred to Hartman as Assistant Director of Rehabilitation. There is no other evidence of the offer in the record. Tr. 1817, 36 L.Ed.2d 668 (1973). (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. . Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. 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. Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) Urbanski Dep. Finally, one place to get all the court documents we need. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. L'Escale. Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. Therefore, we shall allow Hartman to amend her complaint to add the PHRA claim. 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. , 198 F.3d 403, 412 (3d Cir. The primary differences were age, education, number of years of experience and hourly rate. There is no bright line age difference to satisfy the "sufficiently younger" requirement. Trial Filings (First Set) Deadline 01/14/2022. 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. 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. Anjali a 5 postes sur son profil. Urbanski Dep. Hartman never received a negative evaluation for her documentation or treatment of patients. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. However, productivity standards are not always attainable, I did not always feel supported by . 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. 1998) ). 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. April 21, 2021 The defendant's burden is "relatively light." of Phila. Tr. Because they are not subject to cross-examination, affidavits are scrutinized carefully. Consultez le profil complet sur LinkedIn et dcouvrez les relations de Anjali, ainsi que des emplois dans des entreprises similaires. Tr. 2009) (internal quotations and citations omitted). Id. 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 . , 225 F.3d 1115, 112324 (9th Cir. Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. J. Ex. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. COMPLAINT against SELECT REHABILITATION, LLC ( Filing fee $ 400 receipt number 0313-14231958. No appearance is required. Tr. 1992) ). 1999) ) (further citations omitted). at 53:13-15 ("Q: [W]ho was involved in that decision? Evaluations present a direct plan of care for a patient based on the patient's chart and interviews, including goals and therapy services the patient will receive. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. Tr. 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. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. 2:16-cv-03569 (D.N.J.). at 32:12-23, 53:13-15, 58:24-60:7, 98:15-99:4, 154:5-10. Hartman claims that Serene refused, but offered her a full-time position in Florida. Ex-employee accused of stealing trade secrets, accessing systems illegally. Id. at 85:14-20. Tr. Willis , 808 F.3d at 644 (citations omitted). (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. at 157:4-5. Hartman Dep. Id. US District Court for the Middle District of Florida, 28 U.S.C. , 534 U.S. 506, 511, 122 S.Ct. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. at 62:13-18. She also worked at two nearby facilities, Towne Manor West and Silver Lake. Hartman does not possess a master's degree because an advanced degree was not required for licensure in 1996. 's Resp. 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 investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. J. Ex. Trial Filings (First Set) Deadline 01/14/2022. A reduction-in-force can result from any number of factors. 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. Discharge summaries discuss the patient's progress towards their goals and include a discharge recommendation. The dispute is over the second and fourth elements. (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. 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 Tr. at 24:12-25:4, 25:10-17; Milks Decl. Cision Distribution 888-776-0942 Hartman Dep. Id. (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). 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. Burdine , 450 U.S. at 256, 101 S.Ct. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman . Hartman's hourly rate decreased from $51 to $48. , 621 F. App'x 96, 99-101 (3d Cir. 2000) ; failing to rehire someone, Sarullo v. USPS , 352 F.3d 789, 800 (3d Cir. Court Reporter: Not Present. Davis praised Urbanski's leadership potential, citing her assistance with Select's PDPM education. 118:9-14. The Select Rehabilitation, LLC class action lawsuit, Case No. Tr. Id. P. 56(c)(1)(A) ("A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record, including depositions affidavits or declarations."). Dep't of Corr. In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. 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. The Judge overseeing this case is James M. Moody Jr.. Macalis offered to take a pay cut so Hartman could be retained full-time. Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. 2001) (internal citation and quotation marks omitted). Martinez v. UPMC Susquehanna , 986 F.3d 261, 266 (3d Cir. 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. As a result of DEFENDANTs intentional disregard of the obligation to meet this burden, DEFENDANT allegedly failed to properly calculate and/or pay all required compensation for work performed by the members of the CALIFORNIA CLASS and violated the California Labor Code. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | of Phila. for Summ. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. Hartman Dep. The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. Davis claimed she did not know Hartman's age when she and Serene made the decision to reduce her to PRN status. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The affiant must set forth specific facts that reveal a genuine issue of material fact. Though "similarly situated" does not mean "identically situated," the employees "must nevertheless be similar in all relevant respects." The investigation concerns whether the two companies have engaged in practices that. Plaintiff Select . (gk) (Entered: 04/20/2021), (#28) ORDER by Judge Stanley Blumenfeld, Jr. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. at 136:15-19. 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. Towne Manor East reduced its occupational therapy team from two full-time employees Urbanski and Hartman to one full-time employee and one half-time employee Urbanski and Macalis. at 68:2-5; Hartman Dep. 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. 1999). According to Davis, Urbanski was organized, a good multi-tasker and a team player who voluntarily took on extra duties, assisting management in educating the staff about the new PDPM system, and helping out Select at other facilities, such as Suburban Woods, Towne Manor West, and Silver Lake. Will be used in accordance with our terms of service & privacy policy. Dist. at 9; Davis Dep. Davis, Serene's supervisor based in Florida, knew nothing of an offer. Id. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. 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. See Muhammad v. Sills Cummis & Gross P.C. P. 56(a). at 15:23-16:12, 16:18-19. MEMORANDUM CAPUTO, District Judge. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." 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 . 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | The case status is Pending - Other Pending. to Def. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. at 85:14-20. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | 1996) (citation omitted). Monaco v. Am. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. at 19:3-5; Urbanski Dep. Christine McLaughlin, Crystal Vanderveen and Justin Lembke. at 146:24-147:4. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. Urbanski may have become the backup Program Manager, but only after Hartman was reduced to PRN status. She began working full-time at Towne Manor East in July 2018, when Suburban Woods switched from Select to another therapy provider. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Tr. Sempier , 45 F.3d at 729. Although Select does not conduct formal performance reviews of its therapists, it completes quarterly audits of their documentation to ensure they are meeting standards. 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 .
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