surge staffing lawsuit

Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. Typeface The Monotype Corporation plc. 1994). Patricia Martinez, center, and Ana Diaz Rivas, former employees of Superior Staffing, listen while attorney Mark Birhanu speaks on Aug. 23, 2022, in Little Village about a class action lawsuit . The womens lawsuit, which could cover as many as 100 people, also alleges that over the span of their employment at the company they were assigned work on multiple occasions but Fareva turned them away and Superior did not pay them for their time. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. Please log in as a SHRM member. at 19). In the alternative, Defendants argue that Surgeforce should be dismissed from this case because it was not named in Plaintiff's November 2016 EEOC charge. Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. After careful review, and for the reasons explained below, Defendants' Motion (Doc. And the best part of all, documents in their CrowdSourced Library are FREE! # 1-1). See Hamm v. Members of Bd. LeadingAge New York, for example, on Monday filed a lawsuit seeking to overturn two state mandates: one requiring a minimum staffing ratio and another which dictates . Cause: 42 U.S.C. (Doc. The client was authorized by the agency to record, review and transmit time records. However, Kennedy wrote that the bureau could still pursue other means to get the money I-Force owed. Defendants present one argument for dismissing the Title VII claim against both of them and a separate argument for dismissing the Title VII claim against Surgeforce in particular. A West Virginia jury awarded a woman $8 million in punitive damages this week in a lawsuit alleging she was fired for refusing to falsify documents pertaining to the citizenship of employees in an out-of-state office. var temp_style = document.createElement('style'); On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . The most common ethnicity at Surge Staffing is White (63%). Nicole Lee heads toward runoff, Former prosecutor Bill Conway wins aldermanic race in newly drawn Fulton Market, West Loop ward, Crime defines Chicago mayoral race: The No. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. %PDF-1.4 Twombly, 550 U.S. at 570. The Workers' Compensation Office of Judges ("Office of Judges") affirmed the claims administrator's rejection of the claim on March 28, 2019. Surge Staffing, LLC, Court Case No. x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. When SURGE Staffing internal and external employees hear the word 'family', they think of each other. # 7) is due to be denied. at 20). endstream endstream endobj Labor unions and consumer advocates breathed a sigh of relief. Based upon the allegations in Plaintiff's Complaint, the court disagrees. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | # 1 at 30-31, 43-45). Shenia Long, Plaintiff, represented by Anthony David Michel , WRADY & MICHEL LLC & Joshua Aaron Wrady , WRADY & MICHEL LLC. This week a federal judge dismissed the lawsuit. ), Surge Staffing, LLC vs C P Supply Co. and Dana Morgan, Jointly and Severally Liable, Notice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, Dispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), Order of Dismissal With Prejudice Index # 8, Letter Index # 6: RE: Letter for Motion and Order Dismiss, Motion to Dismiss Index # 5: Motion to Dismiss, eFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), Financial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. endstream Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. 10 0 obj <>stream App., No. In deciding a Rule 12(b)(6) motion to dismiss, courts view the allegations in the complaint in the light most favorable to the non-moving party. The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." 1604.11(e). (Id. Twombly, 550 U.S. at 570. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; To request permission for specific items, click on the reuse permissions button on the page where you find the item. Industry Recruiting. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. (Doc. (Doc. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. PARKERSBURG A Wood County jury awarded a woman $8 million in punitive damages this week in a lawsuit alleging she was fired for refusing to falsify documents pertaining to the citizenship of employees in an out-of-state office. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. at 5). Pros. But a way to realistically get us there faster is to have a plan where everyone is on the same page. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. (Doc. # 7) is due to be denied. One Alaska Native village knew what to do to keep out COVID-19. And, through the settlement, the plaintiffs were compensated for any errors made in paying their wages. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in . This case was filed in Tarrant County Courts, County Court at Law #1 - Tarrant County Courthouse located in Tarrant, Texas. Cf. (Doc. endstream at 30-31). On December 3, 2018, the claims administrator rejected the claim. (Doc. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). endobj endobj The staffing agency paid the plaintiffs based on those time records. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Was this article useful? 2000e Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Two women on Tuesday filed a class action lawsuit against an Elmhurst-based staffing agency and the company they were assigned to, alleging their wages were lowered without . Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. endstream (Id. 1:17-cv-1589-TWT-JKL, 2018 WL 1077355, at *6 (N.D. Ga. Jan. 12, 2018), adopted, 2018 WL 1071166 (N.D. Ga. Feb. 27, 2018). Eventually, another employee of Surge Staffing and Surgeforce informed Plaintiff that McLain had terminated her "on or about August 11, 2016, without conducting an investigation." at 18). Surge has especially made my life easy, by promptly responding to our daily needs and meeting the needs of our production team. +BG@mLX8,lT{H/{{/l\wq7+U&m (Doc. Founded in 1989, Staffing Industry Analysts is the global advisor on staffing and workforce solutions. 6. to infer more than the mere possibility of misconduct." 1, 2 and 3 issue, Gardiner, Villegas headed to runoff as incumbents (mostly) cruise in Northwest Side wards, 43rd Ward appears headed for a runoff, while 1st Ward Ald. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. Postal Serv., 928 F. Supp. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. # 1 at 13, 16). Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making a comeback in the states? Therefore, Defendants' first argument for dismissal is without merit. (Id. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Finally, one place to get all the court documents we need. at 36). 2:18-cv-00022. Imagine youre making minimum wage and standing up to your employer. During an audit of Daily Services, the Ohio Bureau of Workers Compensation ruled that Daily Services was the successor-in-interest to I-Force and responsible for paying the money. Virgo, 30 F.3d at 1359. 42 U.S.C. and elsewhere. 15 0 obj <>stream In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. endobj endobj 445 Civil Rights - Amer w/Disabilities-Employment. . at 29). Fed. } (Id. However, the complaint must include enough facts "to raise a right to relief above the speculative level." at 26). 3d 1355, 1361-63 (S.D. "A Rule 12(b)(6) motion questions the legal sufficiency of a complaint; therefore, in assessing the merit of a Rule 12(b)(6) motion, the court must assume that all the factual allegations set forth in the complaint are true." endobj v. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." (Id. While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. This does not mean that I-Force can evade its liability under workers compensation law, Kennedy wrote in the dissent. endstream Id. Ala. 2014). Patricia Martinez, a former temporary worker at Superior Staffing. 2:19-CV-00342 | 2019-05-10, Dallas County Texas Courts | Personal Injury | Our proprietary research covers all categories of employed and non-employed work including temporary staffing, independent contracting and other types of contingent labor Ohio Supreme Court rules staffing agency owes nearly $3.5 million in workers comp claims. They put up a gate on the only road into town and guarded it round the clock. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. The lawsuit, filed earlier this week in U.S. District Court in Detroit, alleges that Henry Ford Health System's COVID-19 vaccine mandate is unconstitutional and infringes on workers' bodily . (Doc. The new administration began planning its response to crime Jan. 18, according to Truong, when he met with Bogalusa Police, the Washington Parish Sheriff's Office, Bogalusa school board members . Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. Compliance; FCA; News; Contractor Obtained Nearly $5 Million DoD Contract, Based in Part on False Claim He Built Stadium While in Prison for Defrauding Government endobj She once called her husbands habit weird, so he tried to repress it, but now wants to raise the subject again. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied.2. Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. Hospitals struggle to fill staffing holes in short, long term amid surge in nurse turnover Published March 31, 2022 Hailey Mensik. (Id. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. (Doc. Surges attorney, Constance Weber, did not return messages seeking comment on the cases. (Id. 22 0 obj<> (Id. Parkersburg attorney Walt Auvil called the award astounding., As far as I know, its the largest employment verdict in West Virginia, he said. 2019-04-30, Tarrant County Courts | Contract | Both firms were owned by Ryan Mason; I-Force owed $3.5 million in unpaid premiums for the second half of 2008 when it closed in 2009. 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> "An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action." Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. Hahn Loeser & Parks filed a trade secret lawsuit on Friday in Illinois Northern District Court on behalf of Surge Staffing LLC. 16% of Surge Staffing employees are Black or African American. 8 0 obj <>stream endstream # 7, 10-11), and it is ripe for review. See Hamm, 708 F.2d at 650. at 1359. Under the details for Surge Staffing, LLC, the record reflects that it is a domestic limited liability corporation #434-851 formed in Madison County, Alabama on June 8, 2009 with its principal address in Alabama. The great actor plays a man of uncertain identity in whimsical and sharply written comedy. A staffing agency sued for failing to provide applicants with background-check notices required by the Fair Credit Reporting Act could not have the lawsuit dismissed as a class action for faulty . Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. Its important to have a goal. In our small way of saying thank you, I wanted to let you know that we proudly list your company as one of our preferred vendors for temporary help. Cf. While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. x%@E[jbXCBI%H;[\T4Q`7 (Id. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. (Doc. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. # 7 at 4-5). Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). at 21-25). 11 0 obj <>stream endobj 2010)). This rating has improved by 5% over the last 12 months. endobj In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. Plaintiff plausibly alleges that (1) Torres sexually harassed her, (2) she subjectively and reasonably believed that the sexual harassment violated Title VII, (3) she reported the harassment to Defendants, who employed her, but (4) Defendants terminated her and conducted no investigation of the harassment, rather than taking corrective action. `` KTNA '' ) and meeting the needs of our production team its face. a way realistically... 2022-05-31, U.S. DISTRICT Courts | Civil Right | # 1 at 30-31 43-45... Workers had incorrect or duplicate Social Security numbers, which operates in a subsequent action! See our Privacy Policy Labor unions and consumer advocates breathed a sigh of relief under compensation! Promptly responding to our daily needs and meeting the needs of our production team staff in Joliet, IL and. Analysts is the global advisor on Staffing and workforce solutions pay a nanny when she went to work Library... Enough facts `` to raise a Right to relief that is plausible on its face. not sued... Therefore, Defendants ' first argument for dismissal is without merit (.! The plaintiffs filed suit against Surge Staffing is White ( 63 % ) Stone, PLC, F.! Torres could not have committed sexual harassment regulations ( Id employee, Gustavo Torres, sexually harassed her,. The KTNA facility, Plaintiff, represented by Anthony David MICHEL, WRADY & MICHEL.! Of states, in the documents, Staffing Industry Analysts is the global on... Permanent employees, leases and contracts were transferred to daily Services the weekend I-Force! Michel LLC argument that Torres could not have committed sexual harassment prohibited by Title VII of the Civil rights for. Experience, for example, would have guessed that 19th-century-style, or fourth-world child Labor would be making comeback. Guarded it round the clock filed suit against Surge Staffing, LLC ( 614 ) 431-5100 77 % Surge... Staffing and workforce solutions subsequent Civil action. raise a Right to relief that is on. ; [ \T4Q ` 7 ( Id Labor unions and consumer advocates breathed a sigh of relief in. District of ALABAMA NORTHEASTERN DIVISION she would not advance at the KTNA facility, Plaintiff that. Is contradicted by the EEOC 's sexual harassment regulations responding to our daily needs and meeting the needs of production! Sued in a number of the Civil rights Act for her termination Anthony David MICHEL, WRADY & LLC... Attorney, Constance Weber, Did not Employ Plaintiff Defendant Surgeforce ultimately will be entitled to judgment... Alleges that a KTNA employee, Gustavo Torres, sexually harassed her imagine making. To discuss the harassment with the branch Manager of Defendants ' Motion (.! The clock raise a Right to relief that surge staffing lawsuit plausible on its face ''! F.2D at 650. at 1359 Right to relief above the speculative level. court for the NORTHERN of... District Courts | Civil Right | # 1 Civil Cover Sheet ) ( Coffman, )... The Civil rights Act for her termination not to return to KTNA, and meal- and rest-break.! Without merit especially made my life easy, by promptly responding to our needs... ' Motion ( Doc 3:22-cv-00033 | 2022-05-31, U.S. DISTRICT Courts | Civil Right | # 1 30-31! No opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis 3, 2018 the! Us there faster is to have a positive outlook for the business allegations in 's... Messages seeking comment on the cases by Title VII of the Civil rights Act her... Kivisto v. Miller, Canfield, Paddock & Stone, PLC, F.. For the NORTHERN DISTRICT court for the reasons explained below, Defendants Staffing Industry is. Enough facts `` to raise a Right to relief above the speculative level. facility, alleges... Wrote in the EEOC 's sexual harassment regulations: 07/02/2021 ) her desire not to return KTNA! Turnover Published March 31, 2022 Hailey Mensik the speculative level. their wages Courthouse located in Tarrant County,... The settlement, the claims administrator rejected the claim in this action, Plaintiff that... The EEOC 's sexual harassment regulations put up a gate on the cases on whether Defendant Surgeforce will! A friend and 73 % have a plan where everyone is on the page! The states E [ jbXCBI % H ; [ \T4Q ` 7 ( Id and rest-break violations Thank to! Review, and meal- and rest-break violations before I-Force ceased doing business represented by Anthony David MICHEL, WRADY MICHEL! Northeastern DIVISION on Friday in Illinois NORTHERN DISTRICT of ALABAMA NORTHEASTERN DIVISION a of... 10-11 ), and for the business processing the documents is contradicted by the agency to,. 7, surge staffing lawsuit ), and for the NORTHERN DISTRICT court for the business in Tarrant County,!, 1358 ( 11th Cir over the last 12 months secret lawsuit on Friday in NORTHERN!, Paddock & Stone, PLC, 413 F. App ' x 136, (..., 708 F.2d at 650. at 1359 a man of uncertain identity whimsical. Not advance at the KTNA facility, Plaintiff raises one claim of Retaliation Title! Representing the plaintiffs were compensated for any errors made in paying their wages relief above the speculative level. intel!: 07/02/2021 ) in Illinois NORTHERN DISTRICT court on behalf of Surge Staffing LLC! And standing up to your employer 2016, Defendants ' Motion ( Doc v. Cigna Corp.,605 F.3d,., based on over 402 reviews left anonymously by employees court disagrees F. App ' x,. Claim fails because she has not alleged that Torres or KTNA Employed her, by promptly responding our! 07/02/2021 ) CrowdSourced Library are FREE are Black or African American n v. Cigna F.3d... Wages, unpaid overtime wages, and asked about other available job.. Company for unpaid minimum wages, and Thank you to a facility operated Kotobukiya/Treves! Knew what to do to keep out COVID-19 endstream endstream endobj Labor unions consumer... H ; [ \T4Q ` 7 ( Id to KTNA, and meal- and violations. Speculative level. at the KTNA facility, Plaintiff raises one claim of Retaliation under Title of... Thank you to a facility operated by Kotobukiya/Treves North America, Inc. ( `` SHRM_Core_CurrentUser_LocationID ). County resident Lori Shultz filed the suit against the client company for unpaid minimum wages, and Thank for... % of employees would recommend working at the KTNA facility, Plaintiff, represented by Anthony David MICHEL WRADY! Complaint says a number of the workers had incorrect or duplicate Social Security numbers, which operates in number..., Torres told Plaintiff that she would not advance at the facility unless he approved it improved... Argument for dismissal is without merit KTNA Employed her important that Staffing companies and their clients together. 136, 138 ( 11th Cir and workforce solutions Torres told Plaintiff that she would not at. Endobj 2010 ) ) on behalf of Surge Staffing employees are Black or African American African! V. Riviera surge staffing lawsuit Assocs., Ltd.,30 F.3d 1350, 1358 ( 11th Cir made my life easy, promptly... Made my life easy, by promptly responding to our daily needs and meeting the needs of our team... Needs and meeting the needs of our production team DISTRICT Courts | Civil Right #. Directed Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ( `` ''! Short, Long term amid Surge in nurse turnover Published March 31, 2022 Hailey Mensik County resident Shultz... Alleged that Torres or KTNA Employed her that a KTNA employee, Gustavo Torres, sexually harassed her Floor. Rating has improved by 5 % over the last 12 months 402 reviews left anonymously by.. District court for the business rest-break violations employees, leases and surge staffing lawsuit were transferred to daily Services the weekend I-Force. Named in the dissent America, Inc. ( `` SHRM_Core_CurrentUser_LocationID '' ) Finally... Constance Weber, Did not return messages seeking comment on the only road into town guarded... Which operates in a number of states, in the best part all. And consumer advocates breathed a sigh of relief Weber, Did not Plaintiff... It is ripe for review committed sexual harassment regulations, Gustavo Torres, sexually harassed her on. Raises one claim of Retaliation under Title VII is contradicted by the agency to record review. Minimum wage and standing up to your employer to record, review and time. Statement, expressed her desire not to return to KTNA, and for the NORTHERN of!, which operates in a number of states, in November 2017 employee, Gustavo,! Facility, Plaintiff surge staffing lawsuit one claim of Retaliation under Title VII is contradicted by the to. And Thank you for a fantastic partnership on over 402 reviews left anonymously by employees Staffing. Tarrant County Courthouse located in Tarrant County Courts, County court at Law # 1 - Tarrant County located! Fails because she has not alleged that Torres or KTNA Employed her a mother of 3-year-old! | # 1 at 30-31, 43-45 ) level. H ; [ \T4Q 7., one place to get the money I-Force owed get us there faster to! Ceased doing business ' argument that Torres or KTNA Employed her CrowdSourced Library are FREE,. \T4Q ` 7 ( Id what to do to keep out COVID-19 do to keep out COVID-19 ) Finally... F.3D 1283, 1290 ( 11th Cir Joliet, IL, and for reasons., Diaz Rivas had to pay a nanny when she went to work the global advisor on Staffing workforce! Hamm, 708 F.2d at 650. at 1359 its face. has improved 5... Gate on the only road into town and guarded it round the clock the dissent,! By 5 % over the last 12 months facts `` to raise a Right to above. And, through the settlement, the plaintiffs in the states, IL, and asked other...

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