at 76:21-78:8, 112:4-14; Davis Dep. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Equal Employment Opportunity Act (EEOA) - 42 USC 2000e at 76:21-77:2, 79:14-18, 93:24-94:10. This case was filed in U.S. District Courts, Arkansas Eastern District. 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."). P. 56(a). Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. She told Hartman that "it was an HR decision" and was "nothing personal." April 21, 2021 's Mot. 12-14 patients seen daily. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. 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. 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. 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. 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. 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. Employees were also allegedly denied second off-duty meal breaks when working ten [10] hour shifts. The case status is Pending - Other Pending. 1999). at 123:5-23. at 21:14-19. Questions about a news article you've read? Case number 3:21-cv-00270 was filed in the U.S. District Court for the Southern District of Illinois on March 9. 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. at 16:24-17:14. , 198 F.3d 403, 412 (3d Cir. Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. I've worked at 3 Select Rehab facilities and the teams I've worked with have always been wonderful. at 106:5-19; Davis Dep. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. 3177, 111 L.Ed.2d 695 (1990) (collecting cases). Change the course of yours. Who Are Similarly Situated Persons which these Class and Collective Action Lawsuits Seek To Recover Wages For?? Even if it's not ethical or appropriate the company still expects it. Select claims Hartman resigned after being reduced from full-time to part-time pro re nata status. 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). Plaintiff Select . 1331 Fed. 20CV002240, is currently pending in the Monterey County . Tr. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. 25) and the plaintiff's sur-reply (Document No. Swierkiewicz v. Sorema N.A. 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. Prac. 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. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. The Court VACATES the Scheduling Conference set for 4/30/2021. Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). Co. , 359 F.3d 296, 301 (3d Cir. Consultez le profil complet sur LinkedIn et dcouvrez les relations de Anjali, ainsi que des emplois dans des entreprises similaires. Tr. Davis praised Urbanski's leadership potential, citing her assistance with Select's PDPM education. 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. 2013). Trial Filings (Second Set) Deadline 1/28/2022. at 32:12-23, 53:13-15, 58:24-60:7, 98:15-99:4, 154:5-10. Her hourly rate is $38. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). Secure .gov websites use HTTPS 2014) (citing Fuentes , 32 F.3d at 764 ). of Cal. BBB File Opened: 8/24/2010. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. at 9:5-8. The investigation concerns whether the two companies have engaged in practices that. 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 . of Phila. at 17:24-19:7. 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. Whether Hartman was offered a position in Florida is an open question. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Hartman also worked as an occupational therapist at Suburban Woods. 2023 Select Rehabilitation, Select Rehabilitation and LIFE are registered trademarks. (gk) (Entered: 04/29/2021), (#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. Tr. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. at 66:20-22. See also Willis , 808 F.3d at 64445. Tr. Mike, a physical therapist in his mid-thirties, and Kendra, a PTA who is 30, were terminated. at 51:13-18, 98:3-98:9; Urbanski Dep. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). at 112:12-24, 115:10-18, 116:19-117:3. Pl. 2000) ; failing to rehire someone, Sarullo v. USPS , 352 F.3d 789, 800 (3d Cir. Hartman's hourly rate decreased from $51 to $48. Her nickname among the employees was "Assistant Director of Rehabilitation," though she never held an official title of "director" or "manager.". Tr. Hartman Dep. 998, 140 L.Ed.2d 201 (1998) ) ("Whether a particular reassignment is materially adverse depends upon the circumstances of the particular case, and should be judged from the perspective of a reasonable person in the plaintiff's position, considering all the circumstances. ") (internal quotations and citations omitted). 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. Select determined that it no longer needed two occupational therapists at Towne Manor East. ; Iadimarco v. Runyon , 190 F.3d 151, 157 (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. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. at 68:2-5; Hartman Dep. Dep't of Corr. Performance Rating Act - 5 USC 4303, Nikolay Nisimov v. Select Rehabilitation, LLC et al, (#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), (#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. (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. , 225 F.3d 1115, 112324 (9th Cir. Almost 50 employees from 9+ states have joined the lawsuit. Coin Caterers Corp. , 517 U.S. 308, 312, 116 S.Ct. Adderall XR lasts for an average of around 12 hours, compared to the typical four . Lupyan v. Corinthian Colleges Inc. , 761 F.3d 314, 324 (3d Cir. Her hourly rate was $50 and was later adjusted to $51. 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. 's Resp. Davis was not aware that employees sometimes referred to Hartman as Assistant Director of Rehabilitation. InterVest, Inc. v. Bloomberg, L.P. , 340 F.3d 144, 159-60 (3d Cir. 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. Non-Discovery Motion Hearing Deadline 11/19/2021. We shall refer to Hartman's separation from full-time employment as "elimination" or "reduction" in this opinion. Because depositions provide all parties an opportunity to probe the witness, they are preferred to declarations and affidavits that are generally prepared by attorneys rather than the declarant or affiant. 776 F.3d 181 (3d Cir. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Hartman testified that Serene offered her the position when she informed Hartman of the reduction. Davis admitted that Select did not conduct performance reviews. Tr. Prac. The CEUs are only through their website, not reimbursed for any course. (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. Status Report due by 12/14/2021. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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"). 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. could benefit from more. at 79:23-81:19. Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. 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). at 16:19-18:3, 66:6-19. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), Docket(#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. . Monaco v. Am. 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. MEMORANDUM CAPUTO, District Judge. 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."). This case was filed in U.S. District Courts, California Central District Court. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. The retained employees do not have to be outside the protected class to qualify as "sufficiently younger." 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. (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. 2008) (internal quotation marks omitted) (quoting Tex. Here, as Plaintiffs McLaughlin, Vanderveen, and Lembke explain and contend in the AMENDED Collective Action lawsuit and complaint, if Select Rehab has any reason to know that any employee is working off the clock, or encouraged it, they are legally required to pay all these hours, plus an equal sum in liquidated damages going back a 3 year period. Hartman claims she was terminated. Tr. Hartman Dep. The defendant's burden is "relatively light." 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. 4714 Gettysburg Rd, Mechanicsburg, PA 17055-4325. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Case Details Parties Dockets. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." September 21, 2020. The affiant must set forth specific facts that reveal a genuine issue of material fact. Id. 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. Medicare requires therapists to complete documentation with patient-specific details, and objective standardized tests and measures to show a patient's progress and outcome. 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. Pa. 2013), aff'd. 3:22-CV-00059 | 2022-01-18, U.S. Courts Of Appeals | Civil Right | Tr. Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. Burdine , 450 U.S. at 256, 101 S.Ct. The alleged conduct occurred prior to Encores acquisition of SMRS. 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. The work of the Program Manager is well known by Select Rehab to work on the weekends handling scheduling and staffing as well as to be always on call for other staff. 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. Court Reporter: Not Present. (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 . Hartman, Shiney and Susan are all in the protected class. Tr. At 27 years old, Urbanski, the only similarly situated employee who assumed some of Hartman's duties, was sufficiently younger than Hartman. A more recent docket listing Settlement Conference Deadline 12/3/2021. The defendant's burden is one of "production, not of persuasion." Discovery should begin shortly, then depositions, mandatory pre-trial mediation and a jury trial scheduled for 4/1/24. There is no evidence that they perform functions or have responsibilities similar to Hartman. FED. See document for further details. 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. 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. Hartman Dep. Select Rehab has a strong client base in Illinois. Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. Protection Plus, Inc. , 527 F.3d 358, 365 (3d Cir. Tr. 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. 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. 2d (BNA) 152: January 2013. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. at 69:21-70:3. 1995) ) (citations omitted); see also Barber v. CSX Distribution Servs. Hartman has introduced evidence to suggest Select's legitimate, non-discriminatory reasons are pretext for age discrimination. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et al, No. When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. There will be no prejudice to Select. As a result, Select decided to reduce staff at some of its facilities. 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.
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