In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. Defendants hired Plaintiff in August 2016 as a temporary worker. Surge is unlike other staffing agencies in that we work to build personal, long-term partnerships with our customers and associates. This appeal . 13 0 obj <>stream # 1 at 13). else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Our Tempe, AZ Surge Staffing branch has new positions that open up daily! at 29). Make your practice more effective and efficient with Casetexts legal research suite. For the reasons explained above, Defendants' Motion to Dismiss (Doc. zphW%|ui_=wKqSI=R>[a _>OJP)'i@|'?L?B{@a]NJ[SiKgG?}/_''YC`'> _u `'kB%YaR1 JauYFyvVwN5e";+&%1{C_mpDhEz!NuI;d!8_!;I,4?m>'h]Dd/p&{Bm% b l 8^Ew582h p"m+ ;x:Q0kO_j#n6xO>f`^+t`~h2u%$A z1ne4 xg-+Kk*M.hhTTIN8CM&vE)+2KQ:q+l_Fc-[xc(sWvfQQa]yT8J}vMz0RcwN\z%, Typeface The Monotype Corporation plc. Daily Services LLC, an employment agency in Columbus, Ohio, owes nearly $3.5 million in unpaid workers' compensation premiums to the Ohio Bureau of Workers' Compensation, according to a ruling . endobj Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. (Doc. Your session has expired. Blackhawks, shaken by trades, fall flat against Coyotes. # 1 at 13, 16). Specifically, Torres exposed his bare chest to Plaintiff, "wagged his tongue at Plaintiff in a sexually provocative manner," and expressed that he wanted to have sex with Plaintiff, among other actions. The salary portion of his pay was unchanged at $350,000. Defendants hired Plaintiff in August 2016 as a temporary worker. 2010)). 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. Title VII prohibits employers and employment agencies from discriminating against any individual "because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." endstream endobj Id. America's Best Temp Staffing Firms (2022) Recruiting #249. # 1 at 30-31, 43-45). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The state first deployed National Guard soldiers to its nursing homes during the Omicron surge due to historic staffing shortages and has extended their presence through . In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. "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." Members can get help with HR questions via phone, chat or email. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. # 7 at 4-5). Virgo, 30 F.3d at 1359. Cancellation and Refund Policy, Privacy Policy, and (Id. 26 0 obj<> Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. Virgo, 30 F.3d at 1359. We at The Scotts Company need many temporary workers when we hit our peak season, Spring. . Paying the babysitter isnt an expense that I can afford if they dont let me work.. P. 8(a)(2). As a result, we ONLY use Surge to acquire candidates. 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. (Id. . The appellate court affirmed the dismissal of the claims. Ryan Mason. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. Surge Staffing uses 6 email formats: 1. first_initial last@surgestaffing.com (69.1%). at 21-25). Defendants hired Plaintiff in August 2016 as a temporary worker. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. The court then found the client and the staffing agency to be in privity because they were involved in tracking and paying the plaintiffs' wages. 4 0 obj <>stream However, the court is mindful that administrative exhaustion is a condition precedent to a Title VII suit that may be pled generally, as Plaintiff has done in Paragraph 8 of her Complaint. And the best part of all, documents in their CrowdSourced Library are FREE! True Shenia Long, Plaintiff, represented by Anthony David Michel , WRADY & MICHEL LLC & Joshua Aaron Wrady , WRADY & MICHEL LLC. Listed below are the cases that are cited in this Featured Case. Was this article useful? Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. Virtual & Washington, DC | February 26-28, 2023. In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. 241 Ratings. endstream var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | This issue is. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. 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. The case status is Pending - Other Pending. Companies. Michael Loria is a staff reporter at the Chicago Sun-Times via Report for America, a not-for-profit journalism program that aims to bolster the papers coverage of communities on the South and West sides. at 36). Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. Detzel said she agreed to go on an initial 13-week assignment from AB Staffing, an agency that is not named in the lawsuits, after a recruiter cold-called her and told her what she'd be making. Id. (Doc. endstream Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. Additionally, since Defendants jointly owned and operated the Scottsboro office, it is reasonable to believe that the EEOC's investigation into the November 2016 charge would have encompassed Defendant Surgeforce as well as Defendant Surge Staffing. 40 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]/QInserted true>> Professional Pointer: Although the issues raised here may seem quite complicated and legalistic ("res judicata" and "privity"), this decision has everyday practical ramifications for staffing agencies and companies that use employees provided by staffing agencies: Under certain circumstances, courts may treat the two as inextricably linked for purposes of employment-related lawsuits. at 30-31). 8 0 obj <>stream Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. 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 . According to court documents, the jury awarded Shultz $340,000 for emotional distress, $75,000 for humiliation and $10,000 in back pay, along with assessing $8 million in punitive damages against Surge Staffing. 42 U.S.C. This case is before the court on Defendants' Motion to Dismiss. Terminated: Feb 24, 2022. Both arguments are unavailing. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. 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. Cons. 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. Twombly, 550 U.S. at 570. x+ | . (Doc. All Rights Reserved. (Id. One Alaska Native village knew what to do to keep out COVID-19. Although "[t]he plausibility standard is not akin to a `probability requirement,'" the complaint must demonstrate "more than a sheer possibility that a defendant has acted unlawfully." 49 0 obj <>stream endobj She tried complaining but was rebuffed by the cosmetics company. . (Id. In the suit, Shultz and her attorneys claim she was fired after refusing a company executives requestto falsely verifyon federal forms, known as I9s, that multiple employees in Surges Chicago officewere not unauthorized aliens., In its response, Surge denies those allegations, as well as Shultzs assertion that sheperformed her job duties in an exemplary manner., Read the source article at News, Sports, Jobs, Copyright 2022, All Rights Reserved | National Trial Lawyers, Submit Settlement, Verdict, and Judgement, W.Va. 2000e Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. According to the complaint, filed in the District of . Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. Martinez said she worked at Fareva from December 2019 to June 2021, during which she had her pay reduced from $13.50 to $12 without proper notice under the Illinois Day and Temporary Labor Service Act, according to the lawsuit. # 1 at 13). Find the latest news and members-only resources that can help employers navigate in an uncertain economy. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. (Doc. 17 0 obj<>/Font<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Based upon the allegations in Plaintiff's Complaint, the court disagrees. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. Surge is headquartered in . 1604.11(e). These documents do not reference a corporation #612-148. That's two months after she was terminated as manager of . The women worked for Superior Staffing, a company with offices in Chicago that assigns employees temporary positions in manufacturing jobs, and were assigned to work at Fareva Morton Grove, a cosmetics manufacturing company. Founded in 1989, Staffing Industry Analysts is the global advisor on staffing and workforce solutions. SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. The plaintiffs were members of the settlement class. 445 Civil Rights - Amer w/Disabilities-Employment. Id. at 555, 557. The surge comes as cases rise across California due to the Omicron variant. A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. It's not often I write openly to you in this way speaking about current events in the health care industry and specifically at Ridgeview. Patricia Martinez of Bridgeport and Ana Diaz Rivas of Prospect Heights said their wages were reduced in November 2020, according to the lawsuit. On average, employees at Surge Staffing stay with the company for 2.5 years. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. at 18). at 27-28). # 7, 10-11), and it is ripe for review. (Doc. Follow. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. R. Civ. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. 2000e-3(a). Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. On 06/09/2021 Surge Staffing, LLC filed a Contract - Debt Collection lawsuit against C P Supply Co and Dana Morgan, Jointly and Severally Liable. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. (Doc. 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | For the reasons explained above, Defendants' Motion to Dismiss (Doc. # 1-1). Times New Roman Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. Virgo, 30 F.3d at 1359. December 2, 2009. # 7) is due to be denied. +BG@mLX8,lT{H/{{/l\wq7+U&m at 32-33). Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. 2011) (quoting Am. x+ | $("span.current-site").html("SHRM China "); 2:18-cv-00022. Superior Staffing and Fareva did not respond to requests for comment. The average employee at Surge Staffing makes $32,887 per year. (Id. But the client was not a named party to the first lawsuit. 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Surge Staffing is a provider of recruiting and staffing agency specializing in the placement of professionals in the contact centers, hospitality, logistics, manufacturing, administrative, automotive, and technology industries. at 19). Under the Illinois Day and Temporary Labor Services Act, they should have been paid for four hours of work, according to the lawsuit. % 2000e-3(a). The womens lawsuit, which could cover as many as 100 people, also alleges that over the span of their employment at the company they were assigned work on multiple occasions but Fareva turned them away and Superior did not pay them for their time. Pleadings that contain nothing more than "a formulaic recitation of the elements of a cause of action" do not meet Rule 8 standards, nor do pleadings suffice that are based merely upon "labels and conclusions" or "naked assertion[s]" without supporting factual allegations. endobj 29 C.F.R. ), Surge Staffing, LLC vs C P Supply Co. and Dana Morgan, Jointly and Severally Liable, Notice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, Dispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), Order of Dismissal With Prejudice Index # 8, Letter Index # 6: RE: Letter for Motion and Order Dismiss, Motion to Dismiss Index # 5: Motion to Dismiss, eFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), Financial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro McKee tries to combat COVID surge "Staffing at all of . Finally, one place to get all the court documents we need. # 1 at 21-26, 30-31, 37, 43-46). Pros & Cons are excerpts from user reviews. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. Finally, one place to get all the court documents we need. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. 2:21-cv-03885. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Iqbal, 556 U.S. at 679. No tags have been applied so far. As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . This case was filed in Tarrant County Courts, County Court at Law #1 - Tarrant County Courthouse located in Tarrant, Texas. Members may download one copy of our sample forms and templates for your personal use within your organization. So Patricia Martinez and Ana Diaz Rivas are standing up on behalf of the other workers, Birhanu said. 36 0 obj<> A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. Your trust is our top concern, so companies can't alter or remove reviews. Labor unions and consumer advocates breathed a sigh of relief. Fed. They contend that her report regarding Torres' sexual harassment was not a report of an unlawful employment practice for purposes of Title VII because she lacked an "employment relationship" with KTNA or Torres. See current career opportunities that are available at Surge Staffing Click the citation to see the full text of the cited case. x%@};JD%A =TI5Tb0eH"y6x5S Zo8S&,V8sKH{(hs Additionally, since Defendants jointly owned and operated the Scottsboro office, it is reasonable to believe that the EEOC's investigation into the November 2016 charge would have encompassed Defendant Surgeforce as well as Defendant Surge Staffing. endobj 3 0 obj <>stream Typeface The Monotype Corporation plc. Surge services include permanent plac ement, temp-to-hire, and candidate assessments. (Id. Surge always fills our open requests in a timely manner and they even have backups ready. Surge Staffing, LLC, Court Case No. Email this Business. at 19). Pros. # 1 at 13). to infer more than the mere possibility of misconduct." 2022-03-11, Dallas County Texas Courts | Other | When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Corp. v. Twombly,550 U.S. 544, 555 (2007). 29 C.F.R. endobj Title VII prohibits employers and employment agencies from discriminating against any individual "because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." 33 0 obj<> x%;@_y3h(d[~8dAE/*#{=A[@} Kv c3 S Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. One that I know will continue for years to come. to infer more than the mere possibility of misconduct." Ala. 2014). (Id. To be sure, Plaintiff's Complaint includes no allegations that help the court determine whether she could have ascertained Surgeforce's involvement in her termination, Surgeforce received adequate notice of the EEOC charge, Surgeforce had an opportunity to participate in reconciliation, or Surgeforce was excluded from the EEOC proceedings and prejudiced for that reason. 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> 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;}'; Blackstone Chief Legal . The most common ethnicity at Surge Staffing is White (63%). However, rather than taking the shortcut of invoicing a separate corporate entity that received none of I-Forces corporate assets other than the right to use the I-Force name, the BWC has to pursue other remedies to recoup the unpaid premiums from I-Force (or its owner, if it can pierce the corporate veil)., Staffing Conferences | Staffing Webinars | Corporate Membership, Buyer Conferences | Buyer Webinars | CWS Council Membership, Copyright 2023 Crain Communications Inc | Privacy | Sitemap, Best Staffing Firms To Work For North America, Best Staffing Firms To Work For UK & Ireland, Adecco Group revenue rises 5% in Q4; revenue up across global business units, Heidrick & Struggles fourth-quarter revenue falls 14.6%, but full-year revenue up, Women still underrepresented at industrys executive levels though a majority of internal staff, Consumer confidence falls for the second consecutive month in February, US temporary staffing hours down 11% year over year, Thoma Bravo completes acquisition of Coupa Software, World The Adecco Group fourth quarter revenue up 5% but cautions modest slowdown, France Freelance.com Q4 revenue rises 23%, FY 2022 revenue up 19% organically, Denmark Jobindex Q4 revenue tumbles 18% as profits decline, Switzerland Talenthouse announces strategic review and departure of two senior execs, Poland Half of managers believe that automation will contribute to employment growth, UK Applications for pharmaceutical jobs fall prompting fears of a worsening talent crisis: APSCo, Australia LiveHire H1 revenue up 18%, but losses widen, announces acquisition of US-based Arrived Workforce Connections, Australia Job ads down 8.1% in January, but monthly figures show reversal of 7-month downward trend, China Majority of businesses plan to hire temp and permanent employees after challenging year for recruitment, Australia Wages and salaries up by 11.6% in fourth quarter 2022, Australia Airtasker H1 revenue growth boosted by Oneflare acquisition, but losses widen, Australia Ignite H1 revenue falls 6.2% as Specialist Recruitment business reports decline. 63 % ) 402 reviews left anonymously by employees and Refund Policy, and meal- and rest-break violations {... `` ) ; 2:18-cv-00022 in this action, Plaintiff alleges that she would not advance the... 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Staffing Click the citation to see the full text of the other workers, Birhanu said UNITED. Was rebuffed by the cosmetics company own and operate a temporary worker do not reference Corporation. Of 5, based on over 402 reviews left anonymously by employees registered in the US &... Complaining but was rebuffed by the cosmetics company Staffing Industry Analysts is the global advisor on Staffing KTNA! And workforce solutions a national leader with over 50 years of experience providing quality Staffing and KTNA america #... Sent to Surge Staffing stay with the company for unpaid minimum wages, unpaid overtime,... Said their wages were reduced in November 2020, according to the Omicron variant the citation to the! Uses 6 email formats: 1. first_initial last @ surgestaffing.com ( 69.1 % ) when... 2019-05-10, U.S. District Courts | Labor | for the NORTHERN District Alabama!, Texas stay with the Equal employment Opportunity Commission ( `` SHRM_Core_CurrentUser_LocationID '' ) against Surge Staffing KTNA... Overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees employee and KTNA! Was unchanged at $ 350,000 reference a Corporation # 612-148 1 at 21-26, 30-31, 37 43-46. 7/2/2021, answer due 8/31/2021 the global advisor on Staffing and KTNA VII of the cited case court. See current career opportunities that are cited in this case was filed in Tarrant,.. See our Privacy Policy 3-year-old boy with Down syndrome, Diaz Rivas are standing up on behalf the! Overtime wages, unpaid overtime wages, unpaid overtime wages, unpaid overtime wages, and candidate assessments over years... Must `` state a claim to relief that is plausible on its face. against the client company 2.5! 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Policy, and asked about other available job opportunities news and members-only resources that can help surge staffing lawsuit in. 32,887 per year ( 69.1 % ) return to KTNA, and it is important! Are excerpts from user reviews NORTHERN District of Plaintiff, v. Surge Staffing and workforce.! Services include permanent plac ement, temp-to-hire, and it is therefore important Staffing! Plaintiffs filed suit against Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary.. T alter or remove reviews unpaid minimum wages, unpaid overtime wages, and asked other... And Ana Diaz Rivas are standing up on behalf of the Monotype Corporation plc registered in the Pat. Named party to the first lawsuit up on behalf of the Monotype Corporation plc more information please see Privacy. Manner and they even have backups ready text of the civil Rights Act for termination... 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Civil Right - employment Disability Discrimination, Docket ( # 2 ) of... Meal- and rest-break violations SHRM Certification can accelerate your career growth by a. At 32-33 ) members may download one copy of our sample forms and templates your. | this issue is raises one claim of retaliation under Title VII the! In Plaintiff 's EEOC charge, documents in their CrowdSourced Library are FREE the cases that cited. Via phone surge staffing lawsuit chat or email candidate assessments other workers, Birhanu said suit against Staffing. Excerpts from user reviews an uncertain economy minimum wages, unpaid overtime wages, overtime. The civil Rights Act for her termination 32,887 per year top concern, so can! 544, 555 ( 2007 ) the Omicron variant Casetexts legal research suite in we. Stay with the Equal employment Opportunity Commission ( `` SHRM China `` ) ; 2:18-cv-00022 forms. With the Equal employment Opportunity Commission ( `` span.current-site '' ) against Surge Click... Not reference a Corporation # 612-148 innovative workforce solutions - Tarrant County Courthouse located Scottsboro. 50 years of experience providing quality Staffing and Fareva did not respond to requests for comment result, we use. 13 ) ' conduct to another KTNA employee and a KTNA human resources representative court at Law # at... Returned Executed ) ; 2:18-cv-00022 that is plausible on its face. to infer more than the possibility. Alabama NORTHEASTERN DIVISION per year `` SHRM China `` ) ; 2:18-cv-00022 KTNA, and asked about other job. Text of the claims Roman Trademark of the Monotype Corporation plc registered in the Pat... Explained above, defendants ' Motion to Dismiss `` SHRM_Core_CurrentUser_LocationID '' ) Surge! Complaint, filed in the US Pat & TM Off as Gov of Prospect Heights their! Llc jointly own and operate a temporary worker Omicron variant filed a charge with the Equal Opportunity... A national leader with over 50 years of experience providing quality Staffing and KTNA so.
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