select rehabilitation lawsuit

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. 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 . Discovery Motion Hearing Deadline 11/05/2021. 2003) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. BBB File Opened: 8/24/2010. 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. (lh) (Entered: 03/23/2021), CONFORMED 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. These changes in Hartman's job amount to an adverse employment action. at 50:24-51:12; Davis Dep. 2002) ). Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. Tr. Hartman Dep. Additional Information. Credibility determinations, the drawing of legitimate inferences from facts, and the weighing of evidence are matters left to the jury. "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. Tr. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. (citations omitted). (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. at 69:21-70:3. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. Business Started Locally: 12/9/2009. The documentation included evaluation forms, recertifications, discharge summaries, progress notes and daily notes. As part of the audit, Select randomly chooses evaluations, discharge summaries and progress notes for review. Co. , 860 F.2d 1209 (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. The COTA reviewing the documentation with inconsistencies and subjective notes would not know how to properly treat the patient. There is no evidence of the job title, hours, rate of pay, benefits or any other details. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman . (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. ), filed by KATHERINE HARTMAN. J. Ex. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. for Summ. Tr. Cases involving employment discrimination (gender, age, religion, etc. 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. The resolution obtained in this matter was the result of a coordinated effort between the Civil Divisions Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys Office for the District of New Jersey, with assistance from HHS-OIG and the FBI Newark Field Office. 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. 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. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), (#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), (#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. Cancellation and Refund Policy, Privacy Policy, and Tr. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." Davis also claimed Hartman's documentation contained vague and subjective measurements for a patient's goal regarding grip strength. Davis Dep. Recertifications concern whether a patient needs continued services. at 67:14-15. Such retaliation violates federal and state laws. 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. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Case activity for Select Rehabilitation, LLC vs Erik D. Painter on Tr. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. at 51:22-52:2; Davis Dep. Concurrent treatment is expected everyday and you're repeatedly "talked" to if you don't do it daily. 12-14 patients seen daily. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. 2505, 91 L.Ed.2d 202 (1986). The Clermont-Auvergne-Rhne-Alpes Centre brings together the units located in the Auvergne region, from Bourbonnais to Aurillac via Clermont-Ferrand, with 14 research units and 14 experimental facilities, representing 840 staff (permanent and contractual staff). See also In re Trib. See also Washco v. Federal Express Corp. , 402 F. Supp. Kelli Davis DPT,GCS,CEEAA - Regional Vice President - Select Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. Anderson , 297 F.3d at 250. Mfeldman@flandgatrialattorneys.com. Status Report due by 12/14/2021. 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. 2015) (To constitute an adverse employment action, transfers must "be detrimental or undesirable in some objective way"). Opsatnik v. Norfolk S. Corp. , 335 F. App'x 220, 223 (3d Cir. A reduction-in-force can result from any number of factors. Select Rehab, Inc. v. United States, 205 F. Supp. 2d 376 (M.D. Pa. 2002) 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. Id. 1089. Drawing all inferences in favor of Hartman as the non-movant, she has established that Select's reduction-in-force discriminated against older workers and her in particular, thus satisfying the fourth element of the prima facie case under either the traditional or the reduction-in-force standard.

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