Tr. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | It is undisputed that Select retained a substantially younger, similarly situated employee instead of Hartman in the occupational therapist position. Case activity for Select Rehabilitation, LLC vs Erik D. Painter on Trial Filings (First Set) Deadline 01/14/2022. The Select Rehab employee class overtime wage information site Co. v. Evans , 166 F.3d 139, 15354 (3d Cir. (gk) (Entered: 04/20/2021), Docket(#27) ORDER by Judge Stanley Blumenfeld, Jr. 118:9-14. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Hartman also worked as an occupational therapist at Suburban Woods. 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."). Monaco , 359 F.3d at 305. at 50:13-14; Davis Dep. On the other hand, lateral transfers or changes in title absent evidence of a material change in an employee's working conditions generally do not constitute adverse employment actions. for Leave to Am. at 49:12-18; Urbanski Dep. Urbanski Dep. If the defendant satisfies its burden, the plaintiff must produce evidence from which a reasonable factfinder could conclude that the proffered reason for taking the adverse action was merely a pretext for intentional discrimination. The Select Rehabilitation, LLC class action lawsuit, Case No. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. Shiney, an occupational therapist at Towne Manor West who is around 40, was switched from full-time to part-time. Summary judgment is appropriate "if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." 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. For further information, visit http://www.24-7pressrelease.com. Scan this QR code to download the app now. See document for further details. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/16/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), Docket(#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. Tr. A reduction-in-force can result from any number of factors. Court Reporter: N/A. 3177, 111 L.Ed.2d 695 (1990) (collecting cases). 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. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. at 68:15-69:2, 75:18-76:8. Questions about a news article you've read? Id. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | at 69:21-70:3. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. HARTMAN v. SELECT REHABILITATION, LLC Reach out to the author: contact and available social following information is listed in the top-right of all news releases. Martinez v. UPMC Susquehanna , 986 F.3d 261, 266 (3d Cir. 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). Tr. As a result of their rigorous work schedules, PLAINTIFF was from time to time unable to take off-duty meal and rest breaks. 2015) ("[A]t no time did Sills Cummins claim that economic hardship motivated its decision to reduce the Operations Department. Because Hartman is proceeding under a pretext theory and does not present any "direct evidence" of discrimination, her claims are governed by the burden-shifting McDonnell Douglas analysis. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. Mfeldman@flandgatrialattorneys.com. The Court VACATES the Scheduling Conference set for 4/30/2021. L'Escale. Nevertheless, the two occupational therapists that were reduced to part-time work through Select's reduction-in-force, Hartman and Shiney, are both members of the protected class, supporting an inference of discrimination. Macalis offered to take a pay cut so Hartman could be retained full-time. at 76:21-78:8, 112:4-14; Davis Dep. A more recent docket listing McLaughlin v Select Rehabilitation LLC | 3:22-CV-00059 | Court Records The Newsletter Bringing the Legal System to Light. "With the aid of an employment lawyer, these employees may seek several forms of compensation, including reinstatement, promotion, recovery of lost wages, and punitive damages. 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. Factors demonstrating that two employees are similarly situated include "a showing that the two employees dealt with the same supervisor, were subject to the same standards, and had engaged in similar conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employer's treatment of them." (Cabrera, Krista) (Entered: 03/22/2021), Docket(#3) CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties filed by Defendant SELECT REHABILITATION, LLC identifying SRI Intermediate, LLC as Corporate Parent. Contract rehabilitation therapy companies, like other health care providers, will be held accountable if they knowingly provide patients with unnecessary services that waste taxpayer dollars., Skilled nursing facility residents and their families must be assured that the care and therapy that residents receive is based on medical need, not greed, said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. Select Rehabilitation Careers and Employment in US | Indeed.com 1995). (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. 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. Hartman Dep. at 72:9-16; Hartman Dep. Id. at 27:2-8, 27:21-28:13. Select argues Hartman cannot establish the fourth element of the prima facie case. 1996) (citation omitted). 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. Establishing a prima facie case of discrimination "is not onerous and poses a burden easily met." It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. 1 at 9:15-16, 10:14-18 (ECF No. 2007) (denying summary judgment where three employees aged 33, 35 and 60 assumed the 50 year-old plaintiff's duties). Showalter v. University of Pittsburgh Medical , 190 F.3d 231, 236 (3d Cir. & Prof. Code 17200, et seq. Tr. Prac. 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. at 16:20-21, 17:16-21. 2d 462, 479 (E.D. By accepting our use of cookies, your data will be aggregated with all other user data. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. 15-5708 (E.D. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. Pl. Court Reporter: N/A. This case was filed in U.S. District Courts, California Central District Court. 2018) (Former employee "must show that Schultz was similarly[ ]situated in all respectsin other words, he dealt with the same supervisor, [was] subject to the same standards[,] and engaged in the same conduct") (quoting Mitchell v. Toledo Hosp. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. SSM Select Rehab | Better Business Bureau Profile Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. from 8 AM - 9 PM ET. 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. 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. Dist. Id. 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. Original Summons NOT returned. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. This docket was last retrieved on March 15, 2022. 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. (Cabrera, Krista) (Entered: 03/29/2021), Docket(#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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Though Davis and Serene may not have known Hartman and Urbanski's exact ages, the more than twenty year age gap was obviously apparent. Tr. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. 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. at 33:24-34:2, 34:24-35:6; Hartman Dep. Too many complaints to list in this box. Tr. at 38:14-17. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. Rhne (69) GENOPSY. (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 . Blumenthal Nordrehaug Bhowmik De Blouw LLP, File a Class Action Lawsuit 2004) (citing Anderson v. Consol. Tr. Co. , 860 F.2d 1209 (3d Cir. Davis was not aware that employees sometimes referred to Hartman as Assistant Director of Rehabilitation. (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: . 2009) (internal quotations and citations omitted). Id. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. 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. In 2019, Medicare introduced changes to its regulatory model. Trial Filings (Second Set) Deadline 1/28/2022. REHA-Lise. Co. , 359 F.3d 296, 301 (3d Cir. Doe v. C.A.R.S. at 645 (citing Fuentes , 32 F.3d at 764 ). Therefore, we shall allow Hartman to amend her complaint to add the PHRA claim. at 71:20; Pl. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. They have no schedule and are not guaranteed a number of hours. Id. (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. Id. 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. Though "similarly situated" does not mean "identically situated," the employees "must nevertheless be similar in all relevant respects." 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. Tr. Hartman's duties were divided among Urbanski, Macalis and the COTAs. 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.
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