Hartman Dep. Was this review helpful? 2023 Select Rehabilitation, Select Rehabilitation and LIFE are registered trademarks. In mid-September 2019, Serene informed Hartman that her full-time position was being eliminated. Serene visits the facilities she oversees, including Towne Manor East, about ten to twenty times a year. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. Will be used in accordance with our terms of service & privacy policy. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Tr. 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. Her hourly rate was $50 and was later adjusted to $51. (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Though Davis and Serene may not have known Hartman and Urbanski's exact ages, the more than twenty year age gap was obviously apparent. US District Court for the Middle District of Florida, 28 U.S.C. In re CitX Corp. , 448 F.3d at 680 (citing 10A Charles Alan Wright et al., Fed. 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, No breaks or holidays, pay cuts, no reimbursement for job expenses, no 401K contribution, no Covid pay, expensive health care, micromanaged, unrealistic productivity expectations, expect employees to work off the clock, no response from HR. The investigation and resolution of this matter illustrate the governments emphasis on combating health care fraud. The affiant must set forth specific facts that reveal a genuine issue of material fact. at 136:15-19. 1331 Fed. Co. v. White , 548 U.S. 53, 71, 126 S.Ct. 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. 1992) ). Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). at 79:23-81:19. Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. , 665 F. App'x 229, 234 (3d Cir. Id. at 11:22-12:5; Davis Dep. Id. 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. Full title:KATHERINE HARTMAN v. SELECT REHABILITATION, LLC, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, Katherine HARTMAN v. SELECT REHABILITATION, LLC. PRNs are placed on an on-call list to cover for an employee who is out sick or on vacation. 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. Hartman is comparing herself to other similarly situated employees. Select contends these reductions show that younger employees were not treated more favorably during the reduction-in-force. As the back-up Program Manager, Hartman attended meetings with other department heads on Macalis's behalf and relayed information back to the Rehabilitation Department. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. Settlement Conference Deadline 12/3/2021. McLaughlin Vanderveen, Lembke v. Select Rehabilitation LLC FLSA Collective and CLASS Action lawsuit, DOWNLOAD AND VIEW THE MCLAUGHLIN, VANDERVEEN, LEMBKE V. SELECT REHABILITATION LLC FLSA COLLECTIVE ACTION LAWSUIT, Plaintiffs McLaughlin, Vanderveen and Lembke request the Court certify for all Program Managers and Therapists, Dkt. at 50:13-14; Davis Dep. 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. 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. We use cookies to analyze website traffic and optimize your website experience. 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. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Rhne (69) GENOPSY. Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Whether Hartman was offered a position in Florida is an open question. These changes in Hartman's job amount to an adverse employment action. Was this review helpful? 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 case status is Pending - Other Pending. I've worked at 3 Select Rehab facilities and the teams I've worked with have always been wonderful. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Tr. 2722, at 373, 379 ). & Proc. Tr. 2001) (internal citation and quotation marks omitted). Select's formal letter notifying Hartman of her reduction only states that Hartman will switch to PRN status. See also Washco v. Federal Express Corp. , 402 F. Supp. Change lives. Communication is terrible between managers and staff. 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. for Summ. Now a master's degree is required. Hartman Dep. Why is this public record being published online? Coin Caterers Corp. , 517 U.S. 308, 312, 116 S.Ct. The discovery the parties have completed regarding the ADEA claim is equally applicable to the PHRA claim. See Muhammad v. Sills Cummis & Gross P.C. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. (emphasis in original). In making their decision to reduce therapists at each location sometime before the changes went into effect on October 1, 2019, Davis and Serene looked at the needs of each facility. , 198 F.3d 403, 412 (3d Cir. 118:6-14; Davis Dep. Thus, we shall deny Select's motion for summary judgment. Business Started Locally: 12/9/2009. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman . 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. 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). "Workers can talk to an employment attorney specialized in wage and hour claims to protect their rights and ensure they get full compensation for their work," says Feldman. Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. 1999). at 78:9-12, 112:15-20; Davis Dep. Final Pretrial Conference and Hearing on Motions in Limine set for 2/11/2022 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 6/28/2021. Change the course of yours. Tr. 2008) (internal quotation marks omitted) (quoting Tex. 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. A .gov website belongs to an official government organization in the United States. Fiorentini v. William Penn Sch. Similarly, Lembke claims that in order to meet his high productivity requirement of 94%, and treat all the patients as well as complete all the paperwork, he also had to routinely work off the clock during the week, and which the company knew was happening. Factors demonstrating that two employees are similarly situated include "a showing that the two employees dealt with the same supervisor, were subject to the same standards, and had engaged in similar conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employer's treatment of them." See also Daniels v. Sch. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/23/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), DocketCONFORMED FILED COPY OF COMPLAINT against Defendants Does, Select Rehabilitation, LLC. Our responsive, hands-on local management is backed by our . Hartman also worked as an occupational therapist at Suburban Woods. Hartman Dep. 1999). Media Co. , 902 F.3d at 402 (quoting Fuentes , 32 F.3d at 762 ). Select Rehabilitation Announces Strategic Partnership with MyndVR. Hartman claims Select's decision was motivated by her age. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. 1995). 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. 2:17-CV-06595 | 2017-09-07, U.S. District Courts | Civil Right | (Cabrera, Krista) (Entered: 03/22/2021), (#3) CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties filed by Defendant SELECT REHABILITATION, LLC identifying SRI Intermediate, LLC as Corporate Parent. Davis Dep. If you would like to know more about the Select Rehabilitation, LLC lawsuit, please contact Attorney Nicholas J. 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. (lh) (Entered: 03/23/2021), (#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. FED. They considered each employee's leadership skills, clinical performance and documentation. (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). The investigation concerns whether the two companies have engaged in practices that. (mrgo) (Entered: 04/22/2021), Docket(#29) ORDER by Judge Stanley Blumenfeld, Jr. Urbanski Dep. Jury Demanded, filed by Plaintiff Nikolay Nisimov. (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. Case number 3:21-cv-00270 was filed in the U.S. District Court for the Southern District of Illinois on March 9. Select Rehab has a strong client base in Illinois. at 9:5-8. She was qualified for her position as an occupational therapist. The case status is Pending - Other Pending. Tr. Original Summons NOT returned. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Tr. Showalter v. University of Pittsburgh Medical , 190 F.3d 231, 236 (3d Cir. Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Urbanski, 27, and Hartman, 50, were both full-time occupational therapists at the same facility with the same title, job description and supervisor. Davis admitted that Select did not conduct performance reviews. 2014) (citing Fuentes , 32 F.3d at 764 ). The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. 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." Milks stated that the therapy staffs at the Towne Manor facilities were never informed that Urbanski had any role with PDPM education. Davis, Bd. When Select acquired Accomplish in 2016, Hartman was grandfathered into her position with Select at Towne Manor East. 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | L at 5-9 ("Milks Decl."). 118:9-14. at 51:13-18, 98:3-98:9; Urbanski Dep. 2000). A copy of the Complaint can be read here. Requests for advice or education regarding your personal health issues will be removed and you may be banned. See document for further details. 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. at 85:14-20. We must also protect the taxpayers by ensuring that Medicare pays only for appropriate services performed for legitimate medical purposes. As a PRN, Hartman was on a list of temporary staff to call in as needed. In addition to treating patients, her duties include administrative and supervisory tasks. Satisfying the fourth prima facie element in a reduction-in-force age discrimination case requires more than what is required in a typical age discrimination case. Too many complaints to list in this box. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#1) NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV05917 Receipt No: ACACDC-30960825 - Fee: $402, filed by Defendant SELECT REHABILITATION, LLC. The Lawsuit alleges that McLaughlin (Program Manager-PT), Vanderveen (Program Manager-SLP) and Justin Lembke (PTA) were forced to suffer to work off the clock and without being paid overtime premiums, meaning time and one half their regular rates of pay, for all hours worked in violation of well-settled, indisputable law as per Section 207 of the Fair Labor Standard ACT (FLSA). Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. (DELGAIZO, CHRISTOPHER) Related: [-] Att: 1 Civil Cover Sheet, Att: 2 Designation Form, Att: 3 Case Management Track Form service Summons Issued Mon 04/13 11: . 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 . Willis , 808 F.3d at 644 (citing Burton , 707 F.3d at 42627 ). 4 at 87:23-88:10 ("Davis Deposition Transcript"). at 49:12-18; Urbanski Dep. Hartman never received a negative evaluation for her documentation or treatment of patients. The Select Rehab Employee class overtime wage lawsuit information, Program Managers, Therapists: Collective Action seeks justice & Owed Wages, DE 16 Hybrid Amended FLSA collective action and class action Complaint, READ THE MOTION TO CERTIFY THE COLLECTIVE ACTION, Dkt. Urbanski Dep. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. Sempier , 45 F.3d at 729. 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. PRNs do not receive health insurance. Both Serene and Davis were absent from Towne Manor East. 's Mot. Id. at 66:20-22. Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. Although Hartman's hourly rate was higher than Urbanski's and she did not possess a master's degree, Davis testified that hourly rate and education were not factors in their decision. Tr. She told Hartman that "it was an HR decision" and was "nothing personal." After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. Towne Manor East reduced its occupational therapy team from two full-time employees Urbanski and Hartman to one full-time employee and one half-time employee Urbanski and Macalis. Tr. Even if it's not ethical or appropriate the company still expects it. 3:22-CV-00059 | 2022-01-18, U.S. Courts Of Appeals | Civil Right | 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. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. Davis stated that Urbanski's documentation was more thorough and detailed. See also In re Trib. Pa. 2005) ("[A] plaintiff can survive summary judgment without alleging a reduction in pay or benefits, provided that the plaintiff alleges other facts demonstrating that the transfer was in some way adverse"). Hartman Dep. When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. 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. at 10-11. Court Reporter: N/A. Tr. The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. 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. Tr. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. Mfeldman@flandgatrialattorneys.com. at 70:11-23; Urbanski Dep. Even if Macalis were similarly situated to Hartman, her age of 48 does not preclude a finding of age discrimination. P. 56(a). Opsatnik , 335 F. App'x at 22223 (internal quotations and citations omitted). Davis, Serene's supervisor based in Florida, knew nothing of an offer. Original Summons NOT returned. Trial Filings (First Set) Deadline 01/14/2022. The Select Rehab employee class overtime wage information site, Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. Fair pay and good/affordable benefits. It is undisputed that Select retained a substantially younger, similarly situated employee instead of Hartman in the occupational therapist position. at 112:12-24, 115:10-18, 116:19-117:3. (Cabrera, Krista) (Entered: 03/22/2021), (#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. 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. Joseph Taraszka v. Select Rehabilitation, LLC, United Fabrics International Inc v. Dillard's Inc et al, Betty Green v. U.S. Bank National Association, et al, Rezek v. U.S. Bank National Association et al. 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. PRNs are used to fill in for a member of the full-time staff on vacation or out sick. Dist. According to Hartman, Select did not implement a "genuine" reduction-in-force because the reduction was not caused by a decline in business. of Phila. This rating has decreased by -4% over the last 12 months. Tr. If you are not a licensed PT or currently under the care of a PT please do not post here. McLaughlin, Vanderveen and Lembke explain that the company knows that the job of a program manager cannot be performed within 40 hours in a week, but that the company warned them against reporting or claiming their overtime hours but unlawfully encouraged, pressured and permitted them to work off the clock without pay, including on weekends, and pursuant to a company De Facto (unwritten) policy that said no overtime hours on the clock. The dispute is over the second and fourth elements. Medicare requires therapists to complete documentation with patient-specific details, and objective standardized tests and measures to show a patient's progress and outcome. 1996) (citation omitted). (mckenna, William)'. Id. A: Shelly [sic ] and I made that decision together"). (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. 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. Whether a transfer or reassignment is an adverse employment action depends on the circumstances of the case. As a result of DEFENDANTs intentional disregard of the obligation to meet this burden, DEFENDANT allegedly failed to properly calculate and/or pay all required compensation for work performed by the members of the CALIFORNIA CLASS and violated the California Labor Code. Tr. 20CV002240, is currently pending in the Monterey County . Concurrent treatment is expected everyday and you're repeatedly "talked" to if you don't do it daily. at 9; Davis Dep. 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. The settled civil claims are allegations only. (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. Questions about a news article you've read? ), Filed By Select Rehabilitation, Llc. The primary differences were age, education, number of years of experience and hourly rate. 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. 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. to Def. 2015) (quoting Jones v. Sch. at 50:7-16, 51:1-5; Davis Dep. at 106:5-19; Davis Dep. Select Rehabilitation insights Based on 661 survey responses What people like Feeling of personal appreciation Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. Id. Davis testified that she and Serene chose to retain Urbanski over Hartman because Urbanski showed greater leadership potential, her documentation was more thorough and her clinical performance was superior. Non-Discovery Motion Hearing Deadline 11/19/2021. Viewing the facts in the light most favorable to Hartman, a reasonable jury could conclude that age discrimination motivated Select's decision to eliminate her position. at 27:2-8, 27:21-28:13. Cision Distribution 888-776-0942 Use the links below to access additional information about this case on . R. CIV. Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. 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. See FED. This is in addition to the required time and a half overtime pay. Discouraged Full Reporting of Hours Worked: Retaliation Against Employees Who Speak Out: Who Are Similarly Situated Persons which these Class and Collective Action Lawsuits Seek To Recover Wages For?? Trial Filings (Second Set) Deadline 1/28/2022. 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 .
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