McLaughlin, et al. v Select Rehabilitation, LLC

NOTICE OF A FEDERAL OVERTIME WAGE LAWSUIT AFFECTING YOUR RIGHTS

This is a Court-Authorized Class Notice and is not a Solicitation from a Lawyer.
The Court has Made No Finding as to the Merits of this Case at this Time.
To:
CLASS A: All Program Managers and Directors of Rehab
All persons currently or formerly employed by SELECT REHABILITATION LLC, from April 13, 2019, to the present, in the position of Program Manager, Director of Rehab, or other persons performing similar hourly, non-exempt management or supervisory positions under various job titles who elect to opt-in to this action pursuant to § 216(b).

CLASS B: All Therapists
All persons currently or formerly employed by SELECT REHABILITATION LLC, from April 13, 2019, to the present, in the position of Occupational Therapist, Physical Therapist, Certified Occupational Therapy Assistant, Physical Therapist Assistant, Speech Language Pathologist, or other persons performing similar hourly, non-exempt positions under various job titles who elect to opt-in to this action pursuant to § 216(b).

1. Purpose of this Notice and Why You Are Being Notified
You received this Notice to inform you about a collective action lawsuit under the Fair Labor Standards Act (FLSA) styled: CHRISTINE MCLAUGHLIN, CRYSTAL VANDERVEEN, and JUSTIN LEMBKE, Individually and on behalf of all others similarly situated v. SELECT REHABILITATION LLC, Case No: 3:22-cv-00059-HES-MCR. A collective action lawsuit under Section 216(b) of the FLSA is filed by one or more persons individually and on behalf of all others similarly situated. In this case, the Court has provisionally confirmed that all persons who performed work for SELECT REHABILITATION LLC (“Select Rehabilitation” or “Defendant”) as Program Managers working under the titles of, including, but not limited to, Program Managers, Directors of Rehab (“Program Managers” or “Class A”), and/or all persons who performed work for Select Rehabilitation as Therapists working under the titles of, including, but not limited to, Occupational Therapists, Physical Therapists, Certified Occupational Therapy Assistants, Physical Therapist Assistants, or Speech Language Pathologists (“Therapists” or “Class B”) from April 13, 2019, to the present and were paid hourly are similarly situated to CHRISTINE MCLAUGHLIN, CRYSTAL VANDERVEEN, and JUSTIN LEMBKE (“Plaintiffs”), meaning you were subjected to the same complained of alleged overtime wage violations asserted by the Plaintiffs and that your rights under the FLSA may be affected by this lawsuit.

As part of the Court’s Order conditionally certifying this case to proceed collectively on behalf of all persons who consent to join and participate in this action, Select Rehabilitation was ordered to provide the Plaintiffs’ attorneys identified on this form, the contact information for all qualifying Program Managers and Therapists to deliver this important Notice. Select Rehabilitation has identified you as a person who is employed now or who was at one time employed with Select Rehabilitation LLC as a Program Manager and/or a Therapist. This Notice instructs you on the procedure for participating in this lawsuit, if you so desire, and what that means. As explained below, the Court has not yet decided the merits of this case.

2. Description of the Lawsuit
The named Plaintiffs filed the above styled lawsuit alleging they and all other Program Managers and Therapists were not lawfully paid overtime compensation for all the hours worked over 40 hours in every workweek, because they, like others employed as Program Managers and Therapists, were prevented or discouraged by Select Rehabilitation from recording or reporting the overtime hours actually worked. The Plaintiffs claim that Select Rehabilitation willfully violated the FLSA by not paying all Program Managers and Therapists overtime compensation for all the hours worked at the correct rate of one-and-one-half times your regular rate of pay.

The Plaintiffs seek to recover past overtime wages for themselves, and all similarly situated current and former Program Managers and Therapists. They will also seek to recover double the amount of wages awarded (called “liquidated damages”), plus attorney’s fees, costs, and expenses of this lawsuit.

3. Select Rehabilitation Denies Allegations
Select Rehabilitation has denied the allegations of the Plaintiffs and contends that no overtime wages are owed to either the named Plaintiffs or to any other person receiving this Notice. Select Rehabilitation asserts the evidence will demonstrate that any person receiving this Notice was properly paid and owed no additional compensation.

4. The Court Has Not Yet Decided the Merits of this Case
The Court has not yet decided whether the Plaintiffs’ claims or Select Rehabilitation’s defenses have any merit or whether this case will go to trial. There is no money available now and there are no guarantees there will be

5. Your Legal Rights & Options
A. You May File Your Claim for Overtime Wages by Joining this Lawsuit

If you believe that Select Rehabilitation has not properly compensated you for all hours worked over 40 hours in one or more of your workweeks, you have a choice to assert your legal rights in this case by filling out the Consent to Join form attached to this Notice and joining this lawsuit, as set forth below.

If you join the lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable. By “opting in,” you gain the possibility of receiving money or benefits if there is a recovery of wages resulting from a trial or settlement in this case, but you give up your right to separately sue Select Rehabilitation for the same legal claims brought in this lawsuit. Plaintiffs and their counsel will direct the litigation in this case, as stated in the Consent to Join form. If you opt-in, your attorneys’ fees and costs will be paid on a pure contingency basis or by a court award of fees assessed against Select Rehabilitation. The decisions and agreements made and entered into by the Representative Plaintiffs will be binding on you if you join this lawsuit, including all decisions on settlement.

If the Plaintiffs prevail at trial, wages in the form of damages will be recovered for all those who have consented to join this action on a pro rata basis. Further, if there is a settlement in this action after you have submitted your Consent to Join form and after the close of this 60-day notice period, you will receive a pro rata share of any settlement. If there is a recovery, the FLSA provides for entitlement to an award of plaintiff’s attorney’s fees and costs of the litigation, and the attorneys in such actions typically are awarded a percentage of the gross settlement fund recovered or the plaintiff’s attorneys may seek to have their hourly fees paid directly by the defendant. If Select Rehabilitation prevails in this action, they may seek, and, in some limited circumstances, may have a right to recover their costs and fees from Plaintiffs and any others who join this suit.

Further, you should know that you will receive a payment for your wages claimed only if: (1) you join the lawsuit by timely sending in your Consent to Joint form; (2) the Court does not determine that your claims are dissimilar to the named Plaintiffs and the others who seek to joint this lawsuit; (3) the Court determines that your claim is not barred by the statute of limitations; and (4) either the parties settle the Plaintiffs’ claims or the Plaintiffs prevail on the claims at trial. If the case is settled, the Court must approve the fairness of the settlement agreement.

If you join the lawsuit, you may have to provide information or otherwise participate in the case while it is pending, including, but not limited to, responding to written discovery requests asking you to produce records or answer interrogatory questions, or potentially be called to appear for a deposition or testify in court.

If you wish to join this lawsuit, you must complete the Consent to Join Collective Action form and return it to the Third-Party Administrator by 1 of 4 methods by July 21, 2023.

1) by Electronic Signature by clicking "Submit Consent Form" at the top of the screen
2) by fax to: 1-949-419-3446
3) by email to: SelectFLSAOTAdmin@cptgroup; or
4) by U.S. mail to:
If your Consent to Join form is not filed with the Court within 60 days from the date it was mailed out by the Third-Party Administrator, you will not be allowed to participate in this lawsuit, and in the event of any settlement or judgment or verdict for the Plaintiffs who do participate, you will not share in any recovery.

While the Court may grant you leave to revoke or withdraw your consent once filed, doing so can result in the statute of limitations wiping out some or all of any claims you had under the FLSA for owed wages.

B. You May Choose Not to Join the Lawsuit

You do not have to join the lawsuit. It is your choice as to whether you wish to join. By doing nothing, you retain your right to bring your own separate lawsuit against Select Rehabilitation (within the applicable statute of limitations period).

C. Retaliation Against You is Forbidden and Unlawful under the Fair Labor Standards Act (FLSA)

The FLSA and potentially other applicable state laws prohibit Select Rehabilitation from taking any adverse employment action against you because you have opted into this lawsuit by filing the Consent to Join form. Retaliation in the form of demotion, discriminatory treatment, suspension, harassment, or termination of employment are all forms of adverse employment actions prohibited by this statute.

D. Representation by Plaintiffs’ Attorney in this Action

The named Plaintiffs, CHRISTINE MCLAUGHLIN, CRYSTAL VANDERVEEN, and JUSTIN LEMBKE hired the law firm of Feldman Legal Group and attorney Mitchell L. Feldman, Esq., to represent their interests and those who opt-in and elect to participate. By joining this lawsuit, you are selecting Mitchell Feldman, Esq. and Feldman Legal Group to be your attorneys in this matter.

Further information about this lawsuit may be obtained by writing or calling counsel for the Representative Plaintiffs at the address and contact information listed below. The pleadings and other records in this case may be inspected and copied during regular office hours at the Clerk’s Office at the Bryan Simpson United States Courthouse, 300 North Hogan Street, Jacksonville, Florida 32202. For a fee, you may also access all records in this case online using the Public Access to Court Electronic Records (PACER) service at http://pacer.psc.uscourts.gov.

To be timely, the Third-Party Administrator must receive your Consent to Join form before the close of the 60-day Notice Period. You should receive a confirmation that your consent form has been received and filed with the Court within about fourteen (14) days after you sent it. If you do not receive this confirmation, Feldman Legal Group or the Third-Party Administrator may not have received it and you should contact the Third-Party Administrator below to avoid being foreclosed from participating in this suit.

If you have questions about this Notice, this lawsuit, or your rights in this case, you may contact the Plaintiffs’ attorneys at:

FELDMAN LEGAL GROUP
MITCHELL L. FELDMAN, ESQ.
6916 W. Linebaugh Avenue
Suite #101
Tampa, FL 33625
mfeldman@flandgatrialattorneys.com
Phone: (813) 906-8932
Fax: (813) 639-9376

You may Contact the Third-Party Administrator, CPT Group, Inc., regarding questions about the attached Consent to Join form at the following telephone number:

Phone: 1-888-413-0479
Fax: 1-949-419-3446
Email: SelectFLSAOTAdmin@cptgroup

This Notice has been authorized by the U.S. District Court for the Middle District of Florida. The Court has Not Decided the Merits of the Plaintiffs’ Claims or the Defendant’s Defenses.