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. 21) ("Hartman Deposition Transcript"). Select Rehabilitation, Inc., et al., Civil Action No. Settlement Conference Deadline 12/3/2021. Working at Select Rehabilitation: 276 Reviews about Pay & Benefits 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. (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. Id. (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. 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. They considered each employee's leadership skills, clinical performance and documentation. Non-Expert Discovery cut-off 10/8/2021. New comments cannot be posted and votes cannot be cast. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. at 17:24-19:7. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. Hartman Dep. Moving for summary judgment, Select argues that the elimination of an occupational therapist position was part of a company-wide reduction-in-force, and it retained Rachel Urbanski, the younger occupational therapist, instead of Hartman because Urbanski had superior leadership potential, clinical performance and documentation. , 198 F.3d 403, 412 (3d Cir. McLaughlin, Vanderveen and Lembke allege that if they worked overtime hours on the clock they were warned they would be fired, but were simultaneously encouraged and pressured to work all the extra hours to meet productivity requirements and complete all their job duties or be fired. These questions should be discussed directly with your physical therapist. Tr. Same complaints from multiple facilities in our area. Tr. There is no evidence that they perform functions or have responsibilities similar to Hartman. 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). "Workers can talk to an employment attorney specialized in wage and hour claims to protect their rights and ensure they get full compensation for their work," says Feldman. Hartman's duties were divided among Urbanski, Macalis and the COTAs. It "need not prove that the tendered reason actually motivated" its decision. of Trs. In re CitX Corp. , 448 F.3d at 680 (citing 10A Charles Alan Wright et al., Fed. Hartman Dep. This case was filed in U.S. District Courts, Arkansas Eastern District. Fuentes v. Perskie , 32 F.3d 759, 763 (3d 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 Tr. BBB File Opened: 8/24/2010. Auvergne-Rhne-Alpes - Centre ressource rhabilitation 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 . to Def. 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. This case was filed in U.S. District Courts, Florida Middle District Court. 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. for Summ. Original Summons NOT returned. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Case number 3:21-cv-00270 was filed in the U.S. District Court for the Southern District of Illinois on March 9. The case status is Pending - Other Pending. Looking at the similarly situated employees, Select's decisions regarding whom to reduce and whom to retain could support a finding of bias favoring younger workers. Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. If you are not a licensed PT or currently under the care of a PT please do not post here. 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"). (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). Pl. Urbanski Dep. Id. (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. Davis Dep. 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. Cision Distribution 888-776-0942 It may arise where technology or other changes to the industry or workplace enabled the employer to reduce its workforce. ), filed by KATHERINE HARTMAN. at 106:20-107:14; Davis Dep. Her hourly rate is $38. We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. at 9; Davis Dep. Joseph Taraszka v. Select Rehabilitation, LLC, United Fabrics International Inc v. Dillard's Inc et al, Betty Green v. U.S. Bank National Association, et al, Rezek v. U.S. Bank National Association et al. 1995) ) (citations omitted); see also Barber v. CSX Distribution Servs. Urbanski may have become the backup Program Manager, but only after Hartman was reduced to PRN status. 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."). 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. The affiant must set forth specific facts that reveal a genuine issue of material fact. Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. 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. 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. Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. As occupational therapists, Hartman and Urbanski were required to complete and submit treatment documentation to Casamba. What qualifies as an adverse employment action is broader than the statutory definition. at 15:23-16:12, 16:18-19. PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. Medicare requires therapists to complete documentation with patient-specific details, and objective standardized tests and measures to show a patient's progress and outcome. 2d 547, 558 (E.D. Dist. 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. 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. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. See Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 1999). Pl. It points to Susan, an occupational therapist in her late fifties at Towne Manor West; Macalis, the 48 year-old Program Manager at Towne Manor East; and Judy, a COTA in her fifties. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. at 68:16-69:9; Davis Dep. Share sensitive information only on official, secure websites. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. at 50:13-14; Davis Dep. at 49:12-18; Urbanski Dep. There are genuine issues of material fact bearing on whether Hartman's elimination as part of Select's reduction-in-force was the result of age discrimination under ADEA and the PHRA. Select 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 's Resp. at 50:7-16, 51:1-5; Davis Dep. No appearance is required. These changes allowed providers to bill more services using fewer therapists. Todays settlement reflects our commitment to protect patients and taxpayers by ensuring that the care provided to Medicare beneficiaries is dictated by their individual clinical needs and not by a providers financial interests, said Acting Assistant Attorney General Brian M. Boynton of the Justice Departments Civil Division. Hartman also worked as an occupational therapist at Suburban Woods. Co. , 860 F.2d 1209 (3d Cir. 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. Id. As a PRN, Hartman's hourly rate decreased to $48. (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: . at 157:4-5. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Hartman Dep. 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). Download Select Medical Settlement Agreement.pdf. To be clear, the purpose of this website and contact by our law firm is NOT to solicit you to opt into and join this collective (CLASS) action lawsuit, (which will seek a national class certification) and to claim your wages, or to advertise our firm. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. at 27:6-8; Davis Dep. 25) and the plaintiff's sur-reply (Document No. Because they are not subject to cross-examination, affidavits are scrutinized carefully. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | at 19:3-5; Urbanski Dep. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. September 21, 2020. Non-Expert Discovery cut-off 10/8/2021. Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. at 72:9-16; Hartman Dep. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. Docket(#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), Docket(#33) MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 6/28/2021 are dismissed by operation of this Order and without further notice. Use the links below to access additional information about this case on the US Court's PACER system. See Muhammad v. Sills Cummis & Gross P.C. (citing Sempier , 45 F.3d at 729 ). Trial Filings (First Set) Deadline 01/14/2022. 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 . 21-1753 | 2021-07-08. 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 Monaco , 359 F.3d at 305. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. at 51:22-52:2; Davis Dep. Tr. at 71:20; Pl. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. Hartman Dep. at 33:24-34:2, 34:24-35:6; Hartman Dep. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. Davis visits Towne Manor East approximately three to five times a year. at 70:11-23; Urbanski Dep. 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. 's Mot. Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. Hartman claims Select's decision was motivated by her age. Recertifications concern whether a patient needs continued services. at 16:24-17:14. (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 . & Proc. at 33:24-34:2, 34:24-35:6, 55:23-56:6. The CEUs are only through their website, not reimbursed for any course. Monaco v. Am. Would rather shovel dog dirt for a living than work for this company again. Anderson , 297 F.3d at 250. at 27:2-8, 27:21-28:13. 1992) ). (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. 2d (BNA) 152: January 2013. 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. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC.
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