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. One of the most powerful tools in this effort is the False Claims Act. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. O'Connor v. Consol. Although a reduction-in-force often occurs when an employer is experiencing a decline in business or other economic hardship, it is not limited to those circumstances. A reasonable factfinder could conclude that Select's decision to retain Urbanski over Hartman, who was 23 years older, was motivated by age discrimination. 21) ("Hartman Deposition Transcript"). She is a licensed occupational therapist. This case was filed in U.S. District Courts, California Central District Court. Past and present employees of Select Rehabilitation and Reliant Rehab in several positions including the following classes of workers may have their state and Federal Wage Rights Affected by this case and whom the named Plaintiffs seek to obtain a recovery of unpaid overtime wages for: a) Directors of Rehabilitation and Program Managers; b) physical, occupational and speech therapists; c) Physical Therapy Assistants and Occupational Therapy Assistants,; and potentially, other hourly paid employees. Hartman Dep. Tr. Non-Expert Discovery cut-off 10/8/2021. , 982 F. Supp. Urbanski Dep. Rather, she must also show that the younger employee was similarly situated to her. The case status is Pending - Other Pending. (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. Employees were also allegedly denied second off-duty meal breaks when working ten [10] hour shifts. Tr. 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. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. (citations omitted). Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. 2257, 141 L.Ed.2d 633 (1998) ); reassigning an employee to a "dead-end" position that was soon eliminated, Torre , 42 F.3d at 831 ; giving an employee a potentially less profitable sales position, Goosby v. Johnson & Johnson Med., Inc. , 228 F.3d 313, 319 (3d Cir. Ex-employee accused of stealing trade secrets, accessing systems illegally. Tr. Discovery Motion Hearing Deadline 11/05/2021. 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. 1999). 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | It is undisputed that Select retained a substantially younger, similarly situated employee instead of Hartman in the occupational therapist position. Pl. Tr. Was this review helpful? at 85:14-20. There is no other evidence of the offer in the record. at 87:3-5, 94:13-14. at 146:17-23. A: As I've said before, HR"). See Muhammad v. Sills Cummis & Gross P.C. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. 22), the defendant's reply (Document No. '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. And the best part of all, documents in their CrowdSourced Library are FREE! Anjali a 5 postes sur son profil. Tr. Equal Employment Opportunity Act (EEOA) - 42 USC 2000e On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. A reduction-in-force can result from any number of factors. at 68:6-15. This rating has decreased by -4% over the last 12 months. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. Id. at 136:15-19. 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. Working closely with our law enforcement partners, we will tirelessly pursue unscrupulous health care companies to protect patients and federal health care programs.. at 16:20-21, 17:16-21. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). 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. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. See document for further details. It can satisfy its burden by "introducing evidence which, taken as true, would permit the conclusion that there was a non-discriminatory reason for the unfavorable employment decision." of Phila. The lawsuit was filed on January 18 and the judge has approved the timeline for the lawsuit. (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: . Id. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. 2021) (citations omitted); McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802, 93 S.Ct. Dep't of Corr. Hartman argues that we should follow the traditional prima facie standard. at 68:16-69:9; Davis Dep. Such retaliation violates federal and state laws. She graduated from Temple University with bachelor of science and master's degrees in occupational therapy earlier that year. Tr. Case number 3:21-cv-00270 was filed in the U.S. District Court for the Southern District of Illinois on March 9. 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 at 53:13-15 ("Q: [W]ho was involved in that decision? (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman . The Newsletter Bringing the Legal System to Light. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 's Mot. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. 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. 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. Feldman Legal Group provides legal support for people in, This press release was issued through 24-7PressRelease.com. There is no evidence that they perform functions or have responsibilities similar to Hartman. Status Report due by 12/14/2021. Affs. Co. , 860 F.2d 1209 (3d Cir. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Fair pay and good/affordable benefits. 25) and the plaintiff's sur-reply (Document No. Consultez le profil complet sur LinkedIn et dcouvrez les relations de Anjali, ainsi que des emplois dans des entreprises similaires. The defendant's burden is "relatively light." 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. Original Summons NOT returned. Select claims Hartman resigned after being reduced from full-time to part-time pro re nata status. (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. 1331 Fed. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. 1 at 9:15-16, 10:14-18 (ECF No. 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. April 21, 2021 (citing Sempier , 45 F.3d at 729 ). Discouraged Full Reporting of Hours Worked: The lawsuit also alleges that Select Rehabilitation and Reliant Rehab discouraged reporting of overtime hours and encouraged off the clock work in an attempt to keep employees from complaining and reporting their overtime hours. & Proc. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | at 54:1-54:23; Def. Tr. Questions about a news article you've read? Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. at 27:6-8; Davis Dep. Doe v. Select Medical Corporation et al.,No. 2016) (citations omitted). Establishing a prima facie case of discrimination "is not onerous and poses a burden easily met." Select Medical Corporation and Encore GC Acquisition LLC have agreed to pay $8.4 million to resolve allegations that Select Medical Rehabilitation Services Inc. (SMRS) violated the False Claims Act by knowingly causing 12 skilled nursing facilities (SNFs) in New York and New Jersey to submit false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary or skilled. Tr. The United States alleged that SMRS corporate policies and practices encouraged and resulted in the provision of medically unnecessary, unreasonable and unskilled therapy services being provided to patients at the 12 SNFs.
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