They have no schedule and are not guaranteed a number of hours. Davis was not aware that employees sometimes referred to Hartman as Assistant Director of Rehabilitation. In November 2020, Defendant EmpowerMe Rehabilitation Kentucky LLC ("EmpowerMe") began an effort to recruit and hire away several Select employees, including Defendant Paula Vazquez ("Vazquez"), Select's Staffing Coordinator, who accepted a position with EmpowerMe. 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. U.S. District Court for the Southern District of Illinois, Illinois bill would criminalize routine discipline as 'parental bullying', Pritzker pushes cash to keep teachers in Illinois schools, Suit alleges home care employees failed to check on woman, who was later found dead, Woman sues construction company after allegedly tripping over debris, July 13: U.S. District Court for the Southern District of Illinois docket for "555 prison condition" cases, U.S. District Court for the Southern District of Illinois: Actions Taken on July 13, U.S. District Court for the Southern District of Illinois: Actions Taken on July 12, July 12: U.S. District Court for the Southern District of Illinois docket for "555 prison condition" cases. I've worked at 3 Select Rehab facilities and the teams I've worked with have always been wonderful. A .gov website belongs to an official government organization in the United States. Her hourly rate was $50 and was later adjusted to $51. However, productivity standards are not always attainable, I did not always feel supported by . at 136:10-14. (lh) (Entered: 03/23/2021), DocketCONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Nikolay Nisimov, upon Defendant Select Rehabilitation, LLC served on 2/19/2021, answer due 3/12/2021. Tr. of Trs. Protection Plus, Inc. , 527 F.3d 358, 365 (3d Cir. at 33:24-34:2, 34:24-35:6; Hartman Dep. Co. , 359 F.3d 296, 301 (3d Cir. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). 15-5708 (E.D. 's Resp. Id. at 136:15-19. 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. A: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. The investigation concerns whether the two companies have engaged in practices that. Archived post. It is undisputed that Select retained a substantially younger, similarly situated employee instead of Hartman in the occupational therapist position. Anderson , 297 F.3d at 250. Fiorentini v. William Penn Sch. Davis visits Towne Manor East approximately three to five times a year. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. at 71:20; Pl. Hartman claims she was terminated. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. (gk) (Entered: 04/20/2021), (#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 . 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. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. 1999) ) (further citations omitted). 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. Hartman argues that we should follow the traditional prima facie standard. at 69:21-70:3. We use cookies to analyze website traffic and optimize your website experience. Post-Settlement Status Conference set for 12/17/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Recertifications concern whether a patient needs continued services. (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. Id. J. Ex. Status Report due by 12/14/2021. Court Reporter: N/A. Hartman Dep. Thus, we shall deny Select's motion for summary judgment. 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. In 2019, Medicare introduced changes to its regulatory model. Hartman Dep. 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. 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. at 85:14-20. Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. 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. ), Filed By Select Rehabilitation, Llc. 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. Christine McLaughlin, a former Program Manager-PT, Crystal Vanderveen, a current Program Manager -SLP, and Justin Lembke, a former physical therapy assistant (PTA), have filed this FLSA section 216b Collective action (class) overtime wage lawsuit, individually AND on behalf of all present and former Program Managers (PM), Directors of Rehab (DOR), and ALL Therapists and Therapy Assistants (PT, PTA, COTA, OT, and Speech Language Pathologists (SLP), or any other persons performing similar work under alternative job titles, seeking to recover unpaid overtime wages for all hours worked over 40 in each and every workweek over the preceding 3 years up through the date of trial, plus the payment of an equal sum in liquidated damages. Urbanski Dep. at 33:7-18, 44:24-45:3. COMPLAINT against SELECT REHABILITATION, LLC ( Filing fee $ 400 receipt number 0313-14231958. VP Select Rehab West Palm Beach, Florida, United States500+ connections Join to connect Select Rehabilitation Columbia University in the City of New York Activity 10 ways to succeed (no. Id. Filing 1 COMPLAINT against Select Rehabilitation LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19128198) filed by Christine McLaughlin. Tr. at 94:11-96:6. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . She is a licensed occupational therapist. Also, the FLSA mandates employers must cover the lawyer's fees directly," explains Feldman. Tr. 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. Urbanski Dep. No appearance is required. Burlington N. & Santa Fe Ry. Coin Caterers Corp. , 517 U.S. 308, 312, 116 S.Ct. at 123:5-23. Serene informed Hartman that it was an "HR decision" and "nothing personal.". Select Rehabilitation insights Based on 661 survey responses What people like Feeling of personal appreciation The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Media Co. , 902 F.3d 384, 403 (3d Cir. , 982 F. Supp. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), Docket(#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), Docket(#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel. Hartman's PHRA claim was dismissed because she had not exhausted her administrative remedies before the Pennsylvania Human Relations Commission with respect to that claim. April 21, 2021 A plaintiff can meet her burden by producing evidence from which a factfinder could conclude that the adverse employment action was more likely than not the result of discrimination. 1994). 27), it is ORDERED that the motion is DENIED . 2000) ; failing to rehire someone, Sarullo v. USPS , 352 F.3d 789, 800 (3d Cir. Tr. 2722, at 373, 379 ). "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. Serene was unavailable for deposition due to a health diagnosis. of Pitts. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a class action complaint alleging that Select Rehabilitation, LLC, failed to provide accurate wages to employees, among other allegations. 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. You are not alone if you suffered to work without pay working for Select Rehab. Tr. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. On several occasions, she testified that she, Serene and Human Resources made the decision. 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. 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.
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