Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. A copy of the Complaint can be read here. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. InterVest, Inc. v. Bloomberg, L.P. , 340 F.3d 144, 159-60 (3d Cir. 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. 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. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477). Media Co. , 902 F.3d at 402 (quoting Fuentes , 32 F.3d at 762 ). On the other hand, Mike, Judy and Kendra are not similarly situated. 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. When typing in this field, a list of search results will appear and be automatically updated as you type. To support its claim that age was not a factor, Select contends it retained employees of Hartman's age and older while reducing others under 40 years old. (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. Discharge summaries discuss the patient's progress towards their goals and include a discharge recommendation. Although Davis testified in detail about purported deficiencies in Hartman's documentation compared to Urbanski's, it is for the jury to compare Urbanski's documentation with Hartman's and decide if Urbanski's was superior and whether the evidence suggests Select's reasons for eliminating Hartman's position are pretextual. 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. If any person presents a claim for overtime wages, informally, orally, in writing or by filing a legal claim, the Fair Labor Standards Act prohibits all persons, businesses and employers from taking any retaliatory action, including any adverse employment actions against such claimants, even if the claim for wages is unsuccessful. Non-Discovery Motion Hearing Deadline 11/19/2021. for Leave to Am. 992, 152 L.Ed.2d 1 (2002) ; Starceski v. Westinghouse Electric Corp. , 54 F.3d 1089, 1096, n. 4 (3d Cir. Hebert v Select Rehabilitation LLC | 4:21-CV-00524 | Court Records Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. COMPLAINT against SELECT REHABILITATION, LLC ( Filing fee $ 400 receipt number 0313-14231958. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. J. Ex. Rehab Center Loses Computer Fraud Claim in Ex-Employee Lawsuit Select Rehabilitation | News & Events This case was filed in U.S. District Courts, Arkansas Eastern District. ), Filed By Select Rehabilitation, Llc. Select Rehabilitation | Contract Therapy Solutions (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 2016) (citations omitted). Co. v. Evans , 166 F.3d 139, 15354 (3d Cir. Docket(#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), Docket(#33) MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 6/28/2021 are dismissed by operation of this Order and without further notice. at 78:9-12, 112:15-20; Davis Dep. The discovery the parties have completed regarding the ADEA claim is equally applicable to the PHRA claim. Select Rehabilitation Reviews - Glassdoor Tr. 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. 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. Why is this public record being published online? This model allows Select to bill more hours while employing fewer therapists. P. 56(a). Establishing a prima facie case of discrimination "is not onerous and poses a burden easily met." Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. Many employees who are denied overtime don't realize they may be able to recover not only months and years of unpaid overtime wages, but also two to three times the sums owed. , 68 F.3d 694, 699 (3d Cir. Thus, we shall deny Select's motion for summary judgment. Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. (Cabrera, Krista) (Entered: 03/22/2021), (#1) NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV05917 Receipt No: ACACDC-30960825 - Fee: $402, filed by Defendant SELECT REHABILITATION, LLC. Too many complaints to list in this box. Our responsive, hands-on local management is backed by our . Jury trial is scheduled for 4/1/2024 if it gets that far. (emphasis in original). Select Rehabilitation Careers and Employment in US | Indeed.com at 85:14-20. 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. Urbanski Dep. at 62:13-18. Select Rehabilitation insights Based on 661 survey responses What people like Feeling of personal appreciation at 66:20-22. Hartman Dep. As previously discussed, Susan's retention as occupational therapist at Towne Manor West militates against an inference of age discrimination. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. She also worked at two nearby facilities, Towne Manor West and Silver Lake. Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. at 146:17-23. 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. Id. 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. 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. Tr. De Blouw today by calling (800) 568-8020. 27), it is ORDERED that the motion is DENIED . Ideal Dairy Farms, Inc. v. John Labatt, Ltd. , 90 F.3d 737, 744 (3d Cir. 2d 547, 558 (E.D. 1988) (Evidence that the 56 year-old plaintiff was discharged during a reduction-in-force and replaced by a 47 year-old employee was sufficient to establish a prima facie case of age discrimination). 2:16-cv-03569 (D.N.J.). The case status is Pending - Other Pending. (citing Sempier , 45 F.3d at 729 ). 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. Hartman claims that Serene refused, but offered her a full-time position in Florida. Davis Dep. The civil settlement includes the resolution of claims brought under thequi tamor whistleblower provisions of the False Claims Act by Melissa Vail, a former SMRS employee. Serene was unavailable for deposition due to a health diagnosis. Tr. HARTMAN v. SELECT REHABILITATION, LLC 's Mot. of Phila. 1992) ). 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. We're the nation's trusted leader in contract therapy services. at 146:24-147:4. 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. Dist. 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. 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. Granting Application of Non-Resident Attorney Diane G. Walker to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #21 . Davis Dep. Under this alleged scheme, if overtime hours were reported, a therapist would fail the productivity standard and would be subject to disciplinary action, including termination of employment. 2013). A reasonable jury, looking at the inconsistencies in Select's reasons for retaining Urbanski over Hartman and the lack of other possible reasons for their decision, could conclude that the real reason was age. Select Rehabilitation "rehab" Reviews | Glassdoor Tr. There will be no prejudice to Select. According to Davis, in reviewing progress notes, she found that Hartman's documentation contained inconsistencies regarding one patient's activity tolerance level, another's mobility and another's dressing goal. Cases involving employment discrimination (gender, age, religion, etc. Pl. Use the links below to access additional information about this case on . Select's contention that Davis did not know their relative ages is disingenuous. . 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). If you do not agree with these terms, then do not use our website and/or services. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/16/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), (#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. 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. 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. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. MONTEREY, Calif. (PRWEB) September 21, 2020 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.The Select Rehabilitation, LLC class action lawsuit, Case No. v. Burdine , 450 U.S. 248, 253, 101 S.Ct. Id. Secure .gov websites use HTTPS 645 reviews from Select Rehabilitation employees about Select Rehabilitation culture, salaries, benefits, work-life balance, management, job security, and more. at 51:22-52:2; Davis Dep. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. Tr. Shiney, an occupational therapist at Towne Manor West who is around 40, was switched from full-time to part-time. Select Rehabilitation, Inc., et al., Civil Action No. Feldman Legal Group provides legal support for people in, This press release was issued through 24-7PressRelease.com. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. at 50:13-14; Davis Dep. & Proc. Burton v. Teleflex Inc. , 707 F.3d 417, 426 (3d Cir. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, at 123:5-23. at 68:2-5; Hartman Dep. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. 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). The settled civil claims are allegations only. Court Reporter: Not Present. Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. at 68:16-69:9; Davis Dep. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 Davis, Serene's supervisor based in Florida, knew nothing of an offer. Trial Filings (Second Set) Deadline 1/28/2022. A Select Rehab executive told McKnight's Long-Term Care News that cursory antitrust and regulatory reviews should be completed by the end of the year, hopefully sooner so the deal can close by . Id. , 665 F. App'x 229, 234 (3d Cir. 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. McLaughlin, Vanderveen and Lembke allege that if they worked overtime hours on the clock they were warned they would be fired, but were simultaneously encouraged and pressured to work all the extra hours to meet productivity requirements and complete all their job duties or be fired. at 79:23-81:19. Tr. See document for further details. McLaughlin, Vanderveen and Lembke are now joined in this case by 44 other present and former Select Rehab Program Managers and Therapists who also claim to have been forced to suffer similarly working many hours of overtime off the clock without being paid for this time as required by state and Federal overtime wage laws, such as the FLSA. Tr. Discovery Motion Hearing Deadline 11/05/2021. Id. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. Nikolay Nisimov v. Select Rehabilitation, LLC et al - UniCourt at 76:21-77:2, 79:14-18, 93:24-94:10. Affs. After speaking with Serene, Hartman learned that although some staff at the Towne Manor facilities were eliminated or reduced to part-time work, others were retained with a pay cut. 2003). 25) and the plaintiff's sur-reply (Document No. Hartman v. Select Rehab., LLC - Casetext By accepting our use of cookies, your data will be aggregated with all other user data. 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | A reasonable factfinder could conclude that Select's decision to retain Urbanski over Hartman, who was 23 years older, was motivated by age discrimination. Tr. We use cookies to analyze website traffic and optimize your website experience. It contained nothing about an alternative placement in Florida. Case activity for Select Rehabilitation, LLC vs Erik D. Painter on And the best part of all, documents in their CrowdSourced Library are FREE! At other times, she testified it was her and Serene. Prac. Fair pay and good/affordable benefits. Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. at 50:24-51:12; Davis Dep. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. Hartman testified that Serene offered her the position when she informed Hartman of the reduction. Tr. Id. The affiant must set forth specific facts that reveal a genuine issue of material fact. Id. 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 . Recertifications concern whether a patient needs continued services. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Mike, a physical therapist in his mid-thirties, and Kendra, a PTA who is 30, were terminated. Official websites use .gov Tr. 1:21-CV-00836 | 2021-05-08, U.S. District Courts | Other | 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. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. Ky. 2021) Court Description: MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 8/24/2021 denying 35 Motion to Dismiss for Failure to State a Claim cc: Counsel (JWM) Download PDF Urbanski did not recall Select giving its staff any PDPM education. 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. 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. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. Allegedly, PLAINTIFF and other CALIFORNIA CLASS Members forfeited required meal and rest breaks without compensation at the applicable overtime rates. Both Serene and Davis were absent from Towne Manor East. Though Macalis is an occupational therapist by training, she is the Program Manager who oversaw Hartman and Urbanski. Bus. Voir le profil de Anjali Harikumar sur LinkedIn, le plus grand rseau professionnel mondial. Hartman Dep. The defendant's burden is "relatively light." A: Shelly [sic ] Serene, myself and HR"), 98:15-99:2 ("Q: Who else was involved in that meeting? 's Resp. 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. 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. 2548, 91 L.Ed.2d 265 (1986). 3177, 111 L.Ed.2d 695 (1990) (collecting cases). (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. 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. Plaintiff Katherine Hartman brings this action against her former employer Select Rehabilitation, LLC for age discrimination under the Age Discrimination in Employment Act ("ADEA") and the Pennsylvania Human Relations Act ("PHRA"). This case was filed in U.S. District Courts, Florida Middle District Court. Granting Application of Non-Resident Attorney Diane G. Walker to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #21 . REHA-Lise. Finally, one place to get all the court documents we need. Sempier , 45 F.3d at 729. PRNs do not receive health insurance. Hartman and Milks claimed Davis told the staff that no one had to worry about losing their jobs. Tr. Non-Expert Discovery cut-off 10/8/2021. This docket was last retrieved on March 15, 2022. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. See Muhammad v. Sills Cummis & Gross P.C. (citations omitted). Mandel v. M & Q Packaging Corp. , 706 F.3d 157, 170 (3d Cir. Hartman claims that while working for Accomplish and later Select, she was the backup Program Manager for Towne Manor East when Macalis was unable to attend a meeting. JUSTICE FOR WORKERS OF SELECT REHAB - Feldman Legal Group | Facebook Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). Court Reporter: Not Present. at 16:24-17:14. 2001) (internal citation and quotation marks omitted). at 10-11. The Judge overseeing this case is James M. Moody Jr.. Tr. On several occasions, she testified that she, Serene and Human Resources made the decision. (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. Thequi tamcase is captionedU.S. ex rel. Working at Select Rehabilitation: 324 Reviews about Management | Indeed.com Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. The plaintiff in a reduction-in-force case cannot establish the fourth element by showing only that a younger worker was retained and she was not. Therefore, we shall allow Hartman to amend her complaint to add the PHRA claim. Select Rehabilitation LLC and Select Rehabilitation Inc. & Prof. Code 17200, et seq. Trial Filings (First Set) Deadline 01/14/2022. could benefit from more. At 27 years old, Urbanski, the only similarly situated employee who assumed some of Hartman's duties, was sufficiently younger than Hartman. Cancellation and Refund Policy, Privacy Policy, and Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1), What this Collective Action and Class Overtime Case is about, The Fair Labor Standards Act and related DOL Regulations pro. Whether Hartman resigned or was terminated, she suffered an adverse employment action when her full-time employment was changed to occasional PRN work. McLaughlin v Select Rehabilitation LLC | 3:22-CV-00059 | Court Records (attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons Erik D. Painter, # 5 Summons Paul Vazquez, # 6 Summons Empowerme Rehabilitation Il, Llc)(mckenna, William)', 'Corporate Disclosure Statement By Select Rehabilitation, Llc Identifying Corporate Parent Sri Intermediate Llc For Select Rehabilitation, Llc. Tr. 4 at 87:23-88:10 ("Davis Deposition Transcript"). Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. Tr. Cision Distribution 888-776-0942 J. Ex. "Present and even former employees can face retaliation by being fired, black listed, or demoted unjustly for reporting behaviors of their employers which violate the FLSA," Feldman says. Tr. 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. 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. at 87:3-5, 94:13-14. Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. 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. Tr. "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. Retaliation Against Employees Who Speak Out: Not only did Select Rehabilitation and Reliant Rehab possibly force employees to work unpaid overtime, they may have retaliated when workers complained as well. at 54:1-54:23; Def. 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. Performance Rating Act - 5 USC 4303, Nikolay Nisimov v. Select Rehabilitation, LLC et al, (#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), (#33) MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 6/28/2021 are dismissed by operation of this Order and without further notice. Pa. 2013), aff'd. at 51:13-18, 98:3-98:9; Urbanski Dep. Communication is terrible between managers and staff. 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."