After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/16/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), (#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. Id. Hartman Dep. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et al, No. Hartman is comparing herself to other similarly situated employees. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. Tr. '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. 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. at 50:7-16, 51:1-5; Davis Dep. Pl. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Prac. The Judges overseeing this case are Harvey E. Schlesinger and Joel B. Toomey. 's Mot. at 78:9-12, 112:15-20; Davis Dep. FED. Id. LIFT. (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: . 2722, at 373, 379 (3d ed. Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. Davis, Serene's supervisor, denied that Hartman was offered a position in Florida. Fair pay and good/affordable benefits. Plaintiff Select . We use cookies to analyze website traffic and optimize your website experience. 25-26, DN 1). Christine McLaughlin, Crystal Vanderveen and Justin Lembke. 25) and the plaintiff's sur-reply (Document No. The Court VACATES the Scheduling Conference set for 4/30/2021. for Leave to Am. The Judge overseeing this case is James M. Moody Jr.. Hartman's duties were divided among Urbanski, Macalis and the COTAs. Burdine , 450 U.S. at 256, 101 S.Ct. Past and present employees of Select Rehabilitation and Reliant Rehab in several positions including the following classes of workers may have their state and Federal Wage Rights Affected by this case and whom the named Plaintiffs seek to obtain a recovery of unpaid overtime wages for: a) Directors of Rehabilitation and Program Managers; b) physical, occupational and speech therapists; c) Physical Therapy Assistants and Occupational Therapy Assistants,; and potentially, other hourly paid employees. The Court VACATES the Scheduling Conference set for 4/30/2021. 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 . 22), the defendant's reply (Document No. Discovery Motion Hearing Deadline 11/05/2021. The retained employees do not have to be outside the protected class to qualify as "sufficiently younger." Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. at 123:5-23. Discovery should begin shortly, then depositions, mandatory pre-trial mediation and a jury trial scheduled for 4/1/24. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. A more recent docket listing Mitchell Feldman, an attorney at Feldman Legal Group, explains that the companies allegedly used this practice "to maximize Medicare billing which could lead to profits of many millions of dollars. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. L at 5-9 ("Milks Decl."). Select Rehab has a strong client base in Illinois. As the back-up Program Manager, Hartman attended meetings with other department heads on Macalis's behalf and relayed information back to the Rehabilitation Department. In addition to treating patients, her duties include administrative and supervisory tasks. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. Pivirotto v. Innovative Sys., Inc. , 191 F.3d 344, 347 n.1 (3d Cir. Her hourly rate is $38. Tr. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. at 79:23-81:19. She asked Serene if she could remain in a full-time position with a pay cut. (gk) (Entered: 04/20/2021), Docket(#27) ORDER by Judge Stanley Blumenfeld, Jr. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | This rating has decreased by -4% over the last 12 months. 2722, at 373, 379 ). For example, COTAs can fill out daily notes, but they are not qualified to complete evaluations, discharges, recertifications, progress notes, or any of the other similar documentation that occupational therapists complete as part of their work. Cision Distribution 888-776-0942 Davis, Serene's supervisor based in Florida, knew nothing of an offer. Susan's retention as a full-time occupational therapist at Towne Manor West may militate against an inference of age discrimination. (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. 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. 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. She began working full-time at Towne Manor East in July 2018, when Suburban Woods switched from Select to another therapy provider. , 964 F.2d 577, 583 (6th Cir. 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 Hartman has produced evidence suggesting that Select's proffered legitimate, non-discriminatory reason for its employment decision is pretext for age discrimination. Tr. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). De Blouw today by calling (800) 568-8020. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. This press release was issued through 24-7PressRelease.com. 118:6-14; Davis Dep. "[W]hile [d]ifferent courts have held that a five year difference can be sufficient, a one year difference cannot. " Id. at 106:5-19; Davis Dep. As occupational therapists, Hartman and Urbanski were required to complete and submit treatment documentation to Casamba. 31071843) filed by Defendant Select Rehabilitation, LLC. The case status is Pending - Other Pending. at 136:10-14. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. This practice would allow the companies to increase profits with unpaid wages of employees who worked off the clock.". Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) There has been no determination of civil liability. at 9:5-8. This is in addition to the required time and a half overtime pay. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Hartman Dep. Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. 1331 Fed. 2015) ("[A]t no time did Sills Cummins claim that economic hardship motivated its decision to reduce the Operations Department. Many employees who are denied overtime don't realize they may be able to recover not only months and years of unpaid overtime wages, but also two to three times the sums owed. 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. 4 at 87:23-88:10 ("Davis Deposition Transcript"). at 16:20-21, 17:16-21. Additional Information. Centre de Rhabilitation Psychosociale du Centre Hospitalier de Roanne. Three other Towne Manor staff members suffered adverse employment actions. She was 50 years old. What qualifies as an adverse employment action is broader than the statutory definition. MEMORANDUM CAPUTO, District Judge. A: Shelly [sic ] and I made that decision together"). Settlement Conference Deadline 12/3/2021. 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. A .gov website belongs to an official government organization in the United States. 2d (BNA) 152: January 2013. See also Healy v. New York Life Ins. Dist. Urbanski Dep. (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. At 27 years old, Urbanski, the only similarly situated employee who assumed some of Hartman's duties, was sufficiently younger than Hartman. April 21, 2021 If you are not a licensed PT or currently under the care of a PT please do not post here. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. (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. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Tr. For further information, visit http://www.24-7pressrelease.com. 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. 1999). Rather, we are contacting you to determine what your experience has been and if similar to what our client has alleged, and to corroborate facts for this case. 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. In making their decision to reduce therapists at each location sometime before the changes went into effect on October 1, 2019, Davis and Serene looked at the needs of each facility. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. 1:2021cv00039 - Document 46 (W.D. This case was filed in U.S. District Courts, California Central District Court. The Clermont-Auvergne-Rhne-Alpes Centre brings together the units located in the Auvergne region, from Bourbonnais to Aurillac via Clermont-Ferrand, with 14 research units and 14 experimental facilities, representing 840 staff (permanent and contractual staff). 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. Urbanski Dep. 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 . Id. May 20, 2021 Select Partners with Spiro100 to Provide On-Demand and Live Streaming Access to Senior-Friendly State of the Art Wellness Programming. at 75:11-17. at 21:14-19. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. at 106:20-107:14; Davis Dep. at 52:18-21, 63:19, 83:12-84:17. NOW , this 25th day of March, 2021, upon consideration of the defendant Select Rehabilitation, LLC's Motion for Summary Judgment (Document No. Communication is terrible between managers and staff. , 665 F. App'x 229, 234 (3d Cir. See FED. Tr. 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. Official notification will go out to all employees of Select Rehabilitation over the past 3 years if the judge certifies the case as collective/class action. to Def. Cancellation and Refund Policy, Privacy Policy, and Thus, we shall deny Select's motion for summary judgment. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. 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). at 33:7-18, 44:24-45:3. , 534 U.S. 506, 511, 122 S.Ct. Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. 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"). at 157:4-5. at 146:17-23. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. A reasonable jury, looking at the inconsistencies in Select's reasons for retaining Urbanski over Hartman and the lack of other possible reasons for their decision, could conclude that the real reason was age. 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. 1998) ). Macalis offered to take a pay cut so Hartman could be retained full-time. 2405, 165 L.Ed.2d 345 (2006) (quoting Oncale v. Sundowner Offshore Services, Inc. , 523 U.S. 75, 81, 118 S.Ct. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. InterVest, Inc. v. Bloomberg, L.P. , 340 F.3d 144, 159-60 (3d Cir. Tr. Swierkiewicz v. Sorema N.A. at 50:13-14; Davis Dep. at 17:24-19:7. R. CIV. Her hourly rate was $50 and was later adjusted to $51. 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 Mfeldman@flandgatrialattorneys.com. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. She was qualified for her position as an occupational therapist. 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | Even if it's not ethical or appropriate the company still expects it. at 50:24-51:12; Davis Dep. 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. To establish a prima facie case of typical age discrimination, a plaintiff must show: (1) she is at least 40 years old; (2) she suffered an adverse employment decision; (3) she was qualified for her position; and (4) she was ultimately replaced by another employee who was sufficiently younger so as to support an inference of a discriminatory motive. at 85:14-20. 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. Chuang v. Univ. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. 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. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." 776 F.3d 181 (3d Cir. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. According to Hartman, Select did not implement a "genuine" reduction-in-force because the reduction was not caused by a decline in business. (Attachments: #1 Declaration of Krista Cabrera, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket, #4 Declaration of Terry Klonowski) (Attorney Krista M Cabrera added to party SELECT REHABILITATION, LLC(pty:dft))(Cabrera, Krista) (Entered: 03/22/2021), U.S. District Courts | Civil Right | at 85:14-20. See also Daniels v. Sch. Hartman claims she was terminated. Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/23/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), DocketCONFORMED FILED COPY OF COMPLAINT against Defendants Does, Select Rehabilitation, LLC. (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. may be available from PACER. Dep't of Corr. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Doe v. C.A.R.S. Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. Id. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. at 68:6-15. Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Tr. Id. Hartman never received a negative evaluation for her documentation or treatment of patients. Same complaints from multiple facilities in our area. Hartman argues that we should follow the traditional prima facie standard. See Muhammad v. Sills Cummis & Gross P.C. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Thequi tamcase is captionedU.S. ex rel. Although Select does not conduct formal performance reviews of its therapists, it completes quarterly audits of their documentation to ensure they are meeting standards. sites in 46 states across the nation and growing. 12-14 patients seen daily. 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. 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. Urbanski Dep. At other times, she testified it was her and Serene. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. Tr. Low treatment minutes even if the pt. The Fair Labor Standards Act (FLSA) requires Select Rehab to pay all non-exempt, hourly paid employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. 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. Cases involving employment discrimination (gender, age, religion, etc. 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. Urbanski may have become the backup Program Manager, but only after Hartman was reduced to PRN status. The discovery the parties have completed regarding the ADEA claim is equally applicable to the PHRA claim. L'Escale. Was this review helpful? On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. In 2019, Medicare introduced changes to its regulatory model. 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. , 982 F. Supp. Too many complaints to list in this box. (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. The primary differences were age, education, number of years of experience and hourly rate. J. Ex. 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. 1817, 36 L.Ed.2d 668 (1973). (Cabrera, Krista) (Entered: 03/23/2021), (#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. Such retaliation violates federal and state laws. 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. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. Dist. 's Ex. McLaughlin, Vanderveen and Lembke explain that the company knows that the job of a program manager cannot be performed within 40 hours in a week, but that the company warned them against reporting or claiming their overtime hours but unlawfully encouraged, pressured and permitted them to work off the clock without pay, including on weekends, and pursuant to a company De Facto (unwritten) policy that said no overtime hours on the clock. at 61:22-62:7, 153:16-21; Hartman Dep. 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. Tr. Non-Expert Discovery cut-off 10/8/2021. 2015) (quoting Jones v. Sch. Select Rehabilitation has an overall rating of 2.6 out of 5, based on over 947 reviews left anonymously by employees.
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