Status Report due by 12/14/2021. Coin Caterers Corp. , 517 U.S. 308, 312, 116 S.Ct. Compl. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. If you are not a licensed PT or currently under the care of a PT please do not post here. The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. (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. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. 25-26, DN 1). Id. Id. 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. InterVest, Inc. v. Bloomberg, L.P. , 340 F.3d 144, 159-60 (3d Cir. 2013). Full title:KATHERINE HARTMAN v. SELECT REHABILITATION, LLC, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, Katherine HARTMAN v. SELECT REHABILITATION, LLC. Use the links below to access additional information about this case on the US Court's PACER system. Now a master's degree is required. Fiorentini v. William Penn Sch. Id. (citing Sempier , 45 F.3d at 729 ). PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. She was 50 years old. Hartman's duties were divided among Urbanski, Macalis and the COTAs. Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Hartman also worked as an occupational therapist at Suburban Woods. Select's contention that Davis did not know their relative ages is disingenuous. Hartman is comparing herself to other similarly situated employees. Jury Demanded, filed by Plaintiff Nikolay Nisimov. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. 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. 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. This case was filed in U.S. District Courts, Arkansas Eastern District. (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. Trial Filings (Second Set) Deadline 1/28/2022. She began working full-time at Towne Manor East in July 2018, when Suburban Woods switched from Select to another therapy provider. Select has since adopted the position that it made an offer to Hartman, which Hartman now denies. 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. ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. at 72:9-16; Hartman Dep. at 32:12-23, 53:13-15, 58:24-60:7, 98:15-99:4, 154:5-10. Serene visits the facilities she oversees, including Towne Manor East, about ten to twenty times a year. 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. at 136:15-19. The affiant must set forth specific facts that reveal a genuine issue of material fact. Id. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. By law, all hourly paid employees are entitled to overtime pay at no less than time and a half of the employee's regular rate of pay. If the plaintiff fails to establish a prima facie case, the defendant is entitled to judgment as a matter of law. at 19:3-5; Urbanski Dep. Tr. Protected by Google ReCAPTCHA. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | 776 F.3d 181 (3d Cir. 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 Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. 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. LIFT. There is evidence that Hartman and Urbanski were similar. (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. 21) ("Hartman Deposition Transcript"). Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. Select has moved for summary judgment, arguing that Hartman was eliminated as part of a company-wide reduction-in-force, and that no reasonable jury could conclude the elimination of her job resulted from age discrimination. 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. Ideal Dairy Farms, Inc. v. John Labatt, Ltd. , 90 F.3d 737, 744 (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. Therefore, we shall allow Hartman to amend her complaint to add the PHRA claim. 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. Tr. However, productivity standards are not always attainable, I did not always feel supported by . 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. Court Reporter: Not Present. at 62:22-63:21. 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. 's Mot. Non-Expert Discovery cut-off 10/8/2021. Tr. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. Davis Dep. Co. v. White , 548 U.S. 53, 71, 126 S.Ct. BBB File Opened: 8/24/2010. This case was filed in U.S. District Courts, California Central District Court. Three other Towne Manor staff members suffered adverse employment actions. at 33:24-34:2, 34:24-35:6; Hartman Dep. Trial Filings (First Set) Deadline 01/14/2022. Davis also claimed Hartman's documentation contained vague and subjective measurements for a patient's goal regarding grip strength. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. Id. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. 22), the defendant's reply (Document No. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. Tr. 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). 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 50:24-51:12; Davis Dep. This practice would allow the companies to increase profits with unpaid wages of employees who worked off the clock.". at 21:14-19. Alleged Practices Related to Denial of Overtime Pay. 1999) ) (further citations omitted). We use cookies to analyze website traffic and optimize your website experience. Was this review helpful? 1999). If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. 1994). (Cabrera, Krista) (Entered: 03/23/2021), Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. Fuentes , 32 F.3d at 763 (emphasis in original). 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. Hartman testified that Serene offered her the position when she informed Hartman of the reduction. at 76:21-77:2, 79:14-18, 93:24-94:10. Hartman contends there is no evidence of a formal offer of employment. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." 1331 Fed. at 68:2-5; Hartman Dep. Anjali a 5 postes sur son profil. Id. Similarly, Lembke claims that in order to meet his high productivity requirement of 94%, and treat all the patients as well as complete all the paperwork, he also had to routinely work off the clock during the week, and which the company knew was happening. Monaco v. Am. Davis, Serene's supervisor based in Florida, knew nothing of an offer. Cision Distribution 888-776-0942 See also Washco v. Federal Express Corp. , 402 F. Supp. Examples of such evidence include previous acts of discrimination against the plaintiff, discrimination against other persons within the plaintiff's protected class or within another protected class, or a showing that the defendant has treated similarly situated non-members of the protected class more favorably. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), Docket(#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. Davis and Serene, the alleged decisionmakers, both met Hartman and Urbanski in person. It may arise where technology or other changes to the industry or workplace enabled the employer to reduce its workforce. The defendant's burden is one of "production, not of persuasion." Id. 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. Pl. 2d (BNA) 152: January 2013. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. 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. at 16:20-21, 17:16-21. 2722, at 373, 379 (3d ed. US District Court for the Middle District of Florida, 28 U.S.C. Id. In other words, Hartman must proffer " evidence, direct or circumstantial, from which a factfinder could reasonably either (1) disbelieve the employer's articulated legitimate reasons or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action. " In re Trib. Id. See Muhammad v. Sills Cummis & Gross P.C. (Cabrera, Krista) (Entered: 03/29/2021), (#7) PROOF OF SERVICE filed by Defendant Select Rehabilitation, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 served on 03/23/2021. Tr. She graduated from Temple University with bachelor of science and master's degrees in occupational therapy earlier that year. at 15:23-16:12, 16:18-19. 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. ), Filed By Select Rehabilitation, Llc. for Summ. 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 . For further information, visit http://www.24-7pressrelease.com. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. at 54:1-54:23; Def. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. Hartman and Urbanski were the only full-time occupational therapists at Towne Manor East. Status Report due by 12/14/2021. at 79:23-81:19. at 94:11-96:6. 2000) ; failing to rehire someone, Sarullo v. USPS , 352 F.3d 789, 800 (3d Cir. Def. Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. D at 9:10-12, 9:18-22, 11:10-14, 22:11-24 (ECF No. Hartman claims she was terminated. for Summ. Rhne (69) GENOPSY. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. Tr. If any person presents a claim for overtime wages, informally, orally, in writing or by filing a legal claim, the Fair Labor Standards Act prohibits all persons, businesses and employers from taking any retaliatory action, including any adverse employment actions against such claimants, even if the claim for wages is unsuccessful. TELL US ABOUT YOUR EXPERIENCE WITH SELECT REHAB. Urbanski, 27, and Hartman, 50, were both full-time occupational therapists at the same facility with the same title, job description and supervisor. See FED. Select argues Hartman cannot establish the fourth element of the prima facie case. Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. '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. Questions about your PRWeb account or interested in learning more about our news services? 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. Chuang v. Univ. 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. 4714 Gettysburg Rd, Mechanicsburg, PA 17055-4325. (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). Tr. 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. at 51:22-52:2; Davis Dep. at 73:20-74:9. Co. v. Evans , 166 F.3d 139, 15354 (3d Cir. Pa.). Years in Business: 26. Business Started: 11/1/1996. Adderall XR is an extended-release formulation of Adderall, which is typically immediate-release or short-acting. This case was filed in U.S. District Courts, Florida Middle District Court. 1992) ). Hartman Dep. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. at 85:14-20. 2:16-cv-03569 (D.N.J.). (gk) (Entered: 04/20/2021), (#28) ORDER by Judge Stanley Blumenfeld, Jr. 2004) (citing Anderson , 297 F.3d at 250 ) (similarly situated employees "work in the same area in approximately the same position"). Rather the layoffs were due to changing business needs based on, among other things, technological developments such as the predominant use of emails as opposed to faxes, which Operations employees once hand-delivered."). The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. 20CV002240, is currently pending in the Monterey County .

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