Did you work for Select Rehab at some point during the past few years? Those who held inside Program Manager, Physical Therapist and similar therapist positions at this companies may be eligible to join a collective action case seeking to recover unpaid overtime wages.
This class-action lawsuit aims to recover compensation for overtime wages that the companies failed to pay or underpaid for those working in positions with duties similar to therapists of all types and Program Managers. This lawsuit alleges that this practice represents a wage violation of the FLSA (Fair Labor Standards Act).
Through the lawsuit, we are alleging that the Select Rehab failed to pay overtime wages to certain employees who held jobs related to therapy and program management positions. Those who meet these criteria and who worked for Select Rehab in the past three years (back through the beginning of 2019) may be eligible to join the lawsuit.
We believe these employees deserve to recover damages, including unpaid or underpaid overtime wages at 1.5 times the employee’s regular rate, liquidated damages, attorney’s fees and costs, and other damages.
DETAILS ABOUT SELECT REHAB’S FAILURE TO PAY OWED OVERTIME WAGES
CASE: Christine McLaughlin, Crystal Vanderveen, and Justin Lembke, individually and on behalf of all others similarly situated, v. Select Rehabilitation LLC, in violation of Fair Labor Standards Act (FLSA) overtime wage laws.
Our lawsuit alleges that Select Rehab failed to pay required overtime wages or underpaid overtime wages to affected employees working in jobs related to inside sales since the beginning of 2019.
McLaughlin is now joined in this case by 13 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.
Our Lawsuit alleges that McLaughlin, a Program Manager-Physical Therapist, Vanderveen, a Program Manager-SLP, and Justin Lembke, a Physical Therapy Assistant, 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).
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. 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. 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. 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.
Plaintiff Lembke, a former Physical Therapy Assistant, alleges that while required by Select Rehab to treat patients and bill 8 hours per day, and hit 85% productivity quota, she had to spend numerous hours inputting data, her 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. Doe, and McLaughlin 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.
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.
Select Rehabilitation, LLC used certain job titles to attempt to classify employees as being ineligible for overtime pay or as being ineligible for extra pay as part of overtime hours. However, as defined in the FLSA, we allege the employees who worked in Program Manager, Therapist and similar positions should have been eligible for overtime pay.
Some of the affected job titles, which the company used to refer to the employees or that the employees used to describe themselves, include:
Program Manager
Director of Rehab
Therapist
Therapy Assistant
Occupational Pathologist
Physical Pathologist
Speech Pathologist
To learn more about this case, click here.
The Fair Labor Standards Act requires Select Rehab to pay all non-exempt, hourly paid employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. Here, as Plaintiffs McLaughlin, Vanderveen, and Lembke explain and contend in the Amended Collective Action lawsuit and complaint, if Select Rehab has any reason to know that any employee is working off the clock, or encouraged it, they are legally required to pay all these hours, plus an equal sum in liquidated damages going back a 3 year period.
Common Unfair Practices
At Feldman Legal Group, we have represented employees at companies including Fleetcor Technologies, Verizon Connect, Total Insurance Brokers, Strada Services, Fleetmatics, N3 Results, Managed Labor Solutions, Sage Software, Partsbase, Discrete Wireless d/b/a Nextraq, Granite Telecom, and others in similar FLSA collective actions.
The accusations against these companies state that they cheated their employees out of the overtime wages they earned, violating the federal Fair Labor Standards Act and state wages laws. The FLSA says non-exempt employees must receive a premium in payment for hours worked beyond the standard 40-hour week (i.e., overtime hours).
Some companies mislead their employees regarding FLSA by discouraging reporting of overtime and by misclassifying the employees as exempt from overtime payment, which is the type of violation we are alleging against Select Rehab with this lawsuit.
Select Rehab’s Violations of the FLSA
Contact us for a no-obligation discussion if you have experienced any unfair overtime pay calculation as an employee of Select Rehab. We want to hear about your work experience with Select Rehab in a 10-to-15-minute phone call.
Our Investigation
As we investigate the alleged FLSA wage violations by Select Rehab, we want to speak with employees who experienced these violations. We want to speak with you to further verify the facts about the company’s illegal practices regarding overtime pay. You are under no obligation to join the lawsuit after speaking with us.
HAVE YOU WORKED AS A DOR OR THERAPIST AT SELECT REHAB?
If you have information regarding the scheme at Select Rehab to deny paying overtime to deserving employees, the employment attorneys at Feldman Legal Group want to speak with you about what happened.
If you believe Select Rehab did not pay the overtime wages that you deserved, please contact us. We will set up a convenient time to speak with you about your experience.
