Concurrent treatment is expected everyday and you're repeatedly "talked" to if you don't do it daily. Katie Milks, a licensed Physical Therapy Assistant ("PTA") and the backup Program Manager at Towne Manor West, corroborated that Hartman was the backup Program Manager at Towne Manor East, followed briefly by Niketa Patel, a physical therapist. , 964 F.2d 577, 583 (6th Cir. Even if it's not ethical or appropriate the company still expects it. Status Report due by 12/14/2021. We're the nation's trusted leader in contract therapy services. 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. at 136:10-14. Because they are not subject to cross-examination, affidavits are scrutinized carefully. Overtime pay is required under state law and the federal Fair Labor Standards Act (FLSA). Fiorentini v. William Penn Sch. 's Resp. The Select Rehabilitation, LLC class action lawsuit, Case No. (gk) (Entered: 04/16/2021), Docket(#25) Corrected APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC (Pro Hac Vice Fee - $500 Previously Paid on 4/8/2021, Receipt No. Adderall XR is an extended-release formulation of Adderall, which is typically immediate-release or short-acting. See Sempier , 45 F.3d at 730 (finding the combined 10-year and 4-year age differences between Sempier and the retained employees "is clearly sufficient to satisfy the fourth prong of a prima facie case"); Steward v. Sears Roebuck & Co. , 231 F. App'x 201, 209 (3d Cir. Cf. 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. 2015) ("[A]t no time did Sills Cummins claim that economic hardship motivated its decision to reduce the Operations Department. 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. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. at 68:16-69:9; Davis Dep. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. (Cabrera, Krista) (Entered: 03/22/2021), (#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. "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. at 15:23-16:12, 16:18-19. Tr. To establish a prima facie case of typical age discrimination, a plaintiff must show: (1) she is at least 40 years old; (2) she suffered an adverse employment decision; (3) she was qualified for her position; and (4) she was ultimately replaced by another employee who was sufficiently younger so as to support an inference of a discriminatory motive. According to Davis, Urbanski was organized, a good multi-tasker and a team player who voluntarily took on extra duties, assisting management in educating the staff about the new PDPM system, and helping out Select at other facilities, such as Suburban Woods, Towne Manor West, and Silver Lake. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. Davis claimed she did not know Hartman's age when she and Serene made the decision to reduce her to PRN status. 118:9-14. Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . 2000). Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. at 67:14-15. at 62:22-63:21. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." at 87:3-5, 94:13-14. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. J. Ex. Id. Rather, she must also show that the younger employee was similarly situated to her. 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. There is no evidence that they perform functions or have responsibilities similar to Hartman. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Select determined that it no longer needed two occupational therapists at Towne Manor East. Select Rehabilitation Announces Strategic Partnership with MyndVR. 's Resp. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | Urbanski may have become the backup Program Manager, but only after Hartman was reduced to PRN status. Tr. Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. 21-1753 | 2021-07-08. Hartman Dep. Select Rehabilitation, Inc., et al., Civil Action No. Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. Media Co. , 902 F.3d at 402 (quoting Fuentes , 32 F.3d at 762 ). Id. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. If you need help in collecting unpaid overtime wages, unpaid commissions, being wrongfully terminated from work, and other employment law claims, contact one of their attorneys today. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. , 808 F.3d 638, 644 (3d Cir. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. Non-Expert Discovery cut-off 10/8/2021. The investigation concerns whether the two companies have engaged in practices that deny workers overtime pay that those workers earned. New comments cannot be posted and votes cannot be cast. Id. at 146:24-147:4. 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.
