Tr. 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. McLaughlin v Select Rehabilitation LLC | 3:22-CV-00059 | Court Records 118:6-14; Davis Dep. 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. , 964 F.2d 577, 583 (6th Cir. Davis and Serene, the alleged decisionmakers, both met Hartman and Urbanski in person. Our responsive, hands-on local management is backed by our . A: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? 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. Tr. 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. These changes allowed providers to bill more services using fewer therapists. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. Tr. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. Because they are not subject to cross-examination, affidavits are scrutinized carefully. Davis claimed Urbanski was a "team player" who was willing to help out at other facilities, but Hartman pointed out that Urbanski began working for Select in a split-shift position where she divided her time between different facilities. at 21:14-19. Ple centre rive gauche. Because it calls for a factual determination, it is a jury question. Although Select does not conduct formal performance reviews of its therapists, it completes quarterly audits of their documentation to ensure they are meeting standards. Business Started Locally: 12/9/2009. See also Anderson , 297 F.3d at 250 (describing similarly situated employees as those where "the duties were comparable or they were otherwise similarly situated"); Lepore v. Lanvision Sys., Inc. , 113 F. App'x 449, 452 (3d Cir. Tr. 2017) (citing Burlington Indus., Inc. v. Ellerth , 524 U.S. 742, 761, 118 S.Ct. Who Are Similarly Situated Persons which these Class and Collective Action Lawsuits Seek To Recover Wages For?? 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. 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. Id. Mfeldman@flandgatrialattorneys.com. Id. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." Tr. During October 2019, Select Medical and certain of its subsidiaries entered into a settlement agreement with the United States government and the Relators in connection with this qui tam. could benefit from more. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | Christine McLaughlin, Crystal Vanderveen and Justin Lembke. In others, she only listed codes instead of describing the skilled services she provided. R. CIV. Id. 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. 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"). Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Discovery Motion Hearing Deadline 11/05/2021. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. 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. The resolution obtained in this matter was the result of a coordinated effort between the Civil Divisions Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys Office for the District of New Jersey, with assistance from HHS-OIG and the FBI Newark Field Office. Davis stated that Urbanski's documentation was more thorough and detailed. Finally, one place to get all the court documents we need. Hartman Dep. Urbanski Dep. Question: Fair Labor Standards. Download Select Medical Settlement Agreement.pdf. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. at 15:23-16:12, 16:18-19. Dep't of Corr. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. 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. Id. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Questions about a news article you've read? J. Ex. 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). 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. Burdine , 450 U.S. at 256, 101 S.Ct. NOW , this 25th day of March, 2021, upon consideration of the defendant Select Rehabilitation, LLC's Motion for Summary Judgment (Document No. Hartman, Shiney and Susan are all in the protected class. 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. Pa. 2013), aff'd. . Case Summary. (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. 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. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Id. Tr. 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. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. for Summ. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. , 982 F. Supp. 31071843) filed by Defendant Select Rehabilitation, LLC. at 16:19-18:3, 66:6-19. at 94:11-96:6. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. Plaintiff Select . Tr. Contact UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF PENNSYLVANIA 615 Chestnut Street, Suite 1250 Philadelphia, PA 19106 JENNIFER CRANDALL Media Contact 215-861-8300 See also Willis , 808 F.3d at 64445. 2015) (quoting Jones v. Sch. Willis , 808 F.3d at 644 (citations omitted). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. Urbanski Dep. It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. 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. 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. Even if it's not ethical or appropriate the company still expects it. See Muhammad v. Sills Cummis & Gross P.C. at 50:7-16, 51:1-5; Davis Dep. Protected by Google ReCAPTCHA. Urbanski Dep. 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. 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). Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Select rehabilitation law suit. Any PTs that work for select Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) 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. Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System. Hartman Dep. 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. for Summ. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. Original Summons NOT returned. at 16:24-17:14. 1999). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 27), it is ORDERED that the motion is DENIED . Doe v. Select Medical Corporation et al.,No. Working at Select Rehabilitation: 276 Reviews about Pay & Benefits Hartman and Urbanski were the only full-time occupational therapists at Towne Manor East. Pa.). (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. 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. There is no bright line age difference to satisfy the "sufficiently younger" requirement. Davis denied ever telling the staff at Towne Manor East or West that their jobs were safe. Select's contention that Davis did not know their relative ages is disingenuous. 25-26, DN 1). 2505, 91 L.Ed.2d 202 (1986). Id. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. at 645 (citing Fuentes , 32 F.3d at 764 ). Voir le profil de Anjali Harikumar sur LinkedIn, le plus grand rseau professionnel mondial. , 534 U.S. 506, 511, 122 S.Ct. Rhne (69) GENOPSY. For further information, visit, Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. at 11:22-12:5; Davis Dep. Make your practice more effective and efficient with Casetexts legal research suite. On several occasions, she testified that she, Serene and Human Resources made the decision. 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. 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. Jury trial is scheduled for 4/1/2024 if it gets that far. Hartman claims that Serene refused, but offered her a full-time position in Florida. Hartman Dep. Neither she nor Urbanski had any disciplinary history at Select. The lawsuit was filed on January 18 and the judge has approved the timeline for the lawsuit. No appearance is required. In addition to treating patients, her duties include administrative and supervisory tasks. 1307, 134 L.Ed.2d 433 (1996) ("The fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as he has lost out because of his age. ") See also Daniels v. Sch. Cision Distribution 888-776-0942 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.
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