Pa. 2013), aff'd. Three other Towne Manor staff members suffered adverse employment actions. , 534 U.S. 506, 511, 122 S.Ct. I've worked at 3 Select Rehab facilities and the teams I've worked with have always been wonderful. McLaughlin v Select Rehabilitation LLC | 3:22-CV-00059 | Court Records Tr. We shall refer to Hartman's separation from full-time employment as "elimination" or "reduction" in this opinion. Discovery Motion Hearing Deadline 11/05/2021. 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. Court Reporter: N/A. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. 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. Id. Hartman referred to the role as "Director of Rehabilitation." Tr. 's Mot. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. 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. Doe v. Select Medical Corporation et al.,No. 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. Official notification will go out to all employees of Select Rehabilitation over the past 3 years if the judge certifies the case as collective/class action. Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. 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. v. Burdine , 450 U.S. 248, 253, 101 S.Ct. 2008) (internal quotation marks omitted) (quoting Tex. They have no schedule and are not guaranteed a number of hours. Co. , 359 F.3d 296, 301 (3d Cir. 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. The Select Rehab employee class overtime wage information site, Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. Tr. 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. Tr. The Newsletter Bringing the Legal System to Light. 1992) ). (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. at 50:13-14; Davis Dep. 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. Tr. 1996) (citation omitted). Her hourly rate is $38. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. 2505, 91 L.Ed.2d 202 (1986). 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. The CEUs are only through their website, not reimbursed for any course. Id. The investigation and resolution of this matter illustrate the governments emphasis on combating health care fraud. Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. of Phila. The parties disagree that Hartman suffered an adverse employment action and that Select used age as a factor in deciding to terminate Hartman, giving rise to an inference of age discrimination. 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. 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. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. A reduction-in-force can result from any number of factors. Tr. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 at 51:13-18, 98:3-98:9; Urbanski Dep. When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. (mckenna, William)'. On the other hand, Mike, Judy and Kendra are not similarly situated. We will hold all health care providers who violate the False Claims Act responsible for their actions., Sticking taxpayers with a hefty bill for unnecessary health care services will never be tolerated, said Special Agent in Charge Scott J. Lampert of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). Tr. Tr. Case Details Parties Dockets. Select Rehabilitation Reviews - Glassdoor at 136:15-19. 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. 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. at 146:24-147:4. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. This rating has decreased by -4% over the last 12 months. See FED. 118:6-14; Davis Dep. at 85:14-20. Id. A subscription to PACER is required. Working at Select Rehabilitation: 324 Reviews about Management | Indeed.com at 68:6-15. 1817, 36 L.Ed.2d 668 (1973). Id. Mitchell Feldman, an attorney at Feldman Legal Group, explains that the companies allegedly used this practice "to maximize Medicare billing which could lead to profits of many millions of dollars. Media Co. , 902 F.3d at 402 (quoting Fuentes , 32 F.3d at 762 ). Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. Milks stated that the therapy staffs at the Towne Manor facilities were never informed that Urbanski had any role with PDPM education. Id. The Third Circuit has applied the reduction-in-force prima facie standard in contexts where the employer implemented the reduction to address changing business needs, not economic hardship. Tr. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. Tr. 's Ex. Id. Case Summary. Select decided to implement a company-wide reduction-in-force in anticipation of the PDPM system. (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), U.S. District Courts | Civil Right | Additionally, although Davis claimed "clinical performance" was a factor, there is no evidence to suggest Hartman's clinical performance was any different than Urbanski's. The FLSA is the Federal wage laws applicable to most employers and which requires employers to pay non-exempt, and hourly paid employees a fair day's wage for a fair day's work: and for employees in this class case, required Select Rehab to pay overtime premiums (wages) at time and 1/2 the employees' regular rates of pay for all hours the employer knows were worked by the employees or should have were worked. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. Id. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. Too many complaints to list in this box. Id. When typing in this field, a list of search results will appear and be automatically updated as you type. Change lives. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Select Rehabilitation website As a premier leader in contract therapy services, Select Rehabilitation provides comprehensive physical, occupational, and speech therapy in a variety of clinical settings, throughout 44 states in over 2,400 locations nationwide. 2:18-CV-00382 | 2018-01-16, U.S. District Courts | Not Yet Classified | The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. McLaughlin, Vanderveen and Lembke allege that their superiors, including the regional manager and even the VP's, and thus the company itself, not only knew they worked off the clock and without being paid overtime wages in willful violation of the FLSA, but that they were pressured to do so under fear of discipline, including termination of their employment and by discouragement of working this hours on the clock because of a productivity requirement related to the amount of billable time to Medicare. Tr. See In re CitX Corp. , 448 F.3d 672, 680 (3d Cir. Non-Discovery Motion Hearing Deadline 11/19/2021. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. Tr. Tr. 1998) ). at 123:5-23. Id. We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. To meet its burden in response to Hartman's prima facie case, Select has produced evidence of a legitimate, non-discriminatory reason for Hartman's reduction. at 85:14-20. at 24:12-25:4, 25:10-17; Milks Decl. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. Id. Credibility determinations, the drawing of legitimate inferences from facts, and the weighing of evidence are matters left to the jury. One of the most powerful tools in this effort is the False Claims Act. at 19:3-5; Urbanski Dep. The retained employees do not have to be outside the protected class to qualify as "sufficiently younger." Filing 1 COMPLAINT against Select Rehabilitation LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19128198) filed by Christine McLaughlin. (Cabrera, Krista) (Entered: 03/23/2021), Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. of Cal. Cases involving employment discrimination (gender, age, religion, etc. A .gov website belongs to an official government organization in the United States. By accepting our use of cookies, your data will be aggregated with all other user data. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. D at 9:10-12, 9:18-22, 11:10-14, 22:11-24 (ECF No. (the UCL), by engaging in a company-wide policy and procedure which failed to accurately calculate and record the correct overtime rate for the overtime worked by PLAINTIFF and other CALIFORNIA CLASS Members. Auvergne-Rhne-Alpes - Centre ressource rhabilitation at 11:22-12:5; Davis Dep. It points to Susan, an occupational therapist in her late fifties at Towne Manor West; Macalis, the 48 year-old Program Manager at Towne Manor East; and Judy, a COTA in her fifties. at 15:23-16:12, 16:18-19. could benefit from more. 3:22-CV-00059 | 2022-01-18, U.S. Courts Of Appeals | Civil Right | These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Granting Application of Non-Resident Attorney Robert Smeltzer to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #23 . 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. Macalis and Serene also observe the therapists during sessions with patients and pass on their evaluations of the therapists' performance to higher level management. Affs. A plaintiff may discredit the proffered reason by demonstrating " such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons to satisfy the factfinder that the employer's actions could not have been for nondiscriminatory reasons."