The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. (Doc. Virgo, 30 F.3d at 1359. Defendants hired Plaintiff in August 2016 as a temporary worker. Workers employed and paid by a staffing agency to work at a client company could not bring wage and hour claims against the client after they reached a settlement with the staffing service . (Doc. United States District Court, N.D. Alabama, Northeastern Division. Case docket: Cross v. Surge Staffing, LLC, 2:19-cv-00455 in West Virginia Southern District Court, Judge John T. Copenhaver, Jr. presiding, last filing 09/23/2020, filed 06/14/2019. Surge Staffing uses 6 email formats: 1. first_initial last@surgestaffing.com (69.1%). Our national network has connected more than 122,000 employees on an annual basis and growing. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. Current Job Listings 182 Total Jobs. 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. But the client was not a named party to the first lawsuit. (Id. 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 . $('.container-footer').first().hide(); 2019-04-30, Tarrant County Courts | Contract | (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | (Doc. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). 2:22-CV-03372 | 2022-09-07. endstream R. Civ. endstream Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Bell Atl. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. You have successfully saved this page as a bookmark. 29 0 obj<> Virgo, 30 F.3d at 1359. to infer more than the mere possibility of misconduct." This website uses cookies to provide visitors with a customized, responsive, and personalized experience. 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 week a federal judge dismissed the lawsuit. Postal Serv., 928 F. Supp. Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. And the best part of all, documents in their CrowdSourced Library are FREE! 1994). Corp. v. Twombly,550 U.S. 544, 555 (2007). Overview. # 1-2 at 2). On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. Why is this public record being published online? Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. 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." Cf. endobj (Id. (Id. at 36). (*eT/| var currentUrl = window.location.href.toLowerCase(); In interviews and emails, OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients have almost doubled in the past month. The astronomical coronavirus surge in Los Angeles has infected thousands of healthcare workers in recent weeks and exacerbated the strain on hospitals struggling to care for . See Hamm, 708 F.2d at 650. --------. "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." endstream On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). Court documents are not available for this case. Forklift Operator (Current Employee) - Calumet City, IL - January 9, 2023. at 27-28). They have a great team and one that I personally have been working with for years. On behalf of Fresh Express, I would like to extend a personal thank you to Surge for their great service and attention to detail to make our life seamless while processing temporary timesheets for your employees. # 1 at 13). 2021-06-10. endstream Birhanu said these kinds of violations of the rights of temporary workers are common and third-party companies like Fareva often arent held liable. (Doc. endstream The class action was brought against the company under the Fair Credit Reporting Act (FCRA). Best Recruiters - Professional Search (2021 . (Doc. (Id. v. (Id. 1994). Twombly, 550 U.S. at 556. Twombly, 550 U.S. at 570. 2:21-cv-03885. endobj However, the plaintiffs' claims against the client raised the same claims, for the same work done, covering the same time period as the claims asserted in the action brought against the staffing agency. 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | endobj Join/Renew Nowand let SHRM help you work smarter. 1552, 1557-58 (M.D. 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. It was the same idea used a century ago in some isolate Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. (Doc. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. Besides his specialty in employment law, Auvil had an interest in the case because he is representing another ex-Surge employee in a lawsuit that raises similar issues. Please log in as a SHRM member before saving bookmarks. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. 16% of Surge Staffing employees are Black or African American. 2022-08-01, Dallas County District Courts | Contract | 14 0 obj <>stream If you do not agree with these terms, then do not use our website and/or services. See Hamm v. Members of Bd. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | The companies were formed over a thirteen year period with the most recent being . at 18). } endobj (Doc. 10 0 obj <>stream An Order consistent with this Memorandum Opinion will be entered. xUXU.EwK7-,XEt7!R$iAB>wqy77x`Stvrrqqtm`OmgG.abnP13 |Ppu@n ZkqA`+MZ[a50}j)[Sc g'+8Y:lB I made $13.50 before they lowered my pay to $12. MOTION TO DISMISS All Rights Reserved. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro Background. x+ | 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. (Id. The court went on to note that privity requires the sharing of "an identity or community of interest," with "adequate representation" of that interest in the first suit, and circumstances such that the nonparty "should reasonably have expected to be bound" by the first suit. Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. The surge comes as cases rise across California due to the Omicron variant. The Judge overseeing this case is Pierson, Don. Because it did not receive all of I-Forces customers, it did not wholly succeed the company, according to the dissent. 2022-02-18, Dallas County District Courts | Contract | var temp_style = document.createElement('style'); As a result, we ONLY use Surge to acquire candidates. 2000e-3(a). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." endobj Imagine youre making minimum wage and standing up to your employer. x%;@_y3h(d[~8dAE/*#{=A[@} Kv c3 S (Doc. For the reasons explained above, Defendants' Motion to Dismiss (Doc. 22 0 obj<> A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. Plaintiff Has Sufficiently Pled Administrative Exhaustion of Her Claim Against Defendant Surgeforce. endobj (Doc. # 1 at 13, 16). Citations are also linked in the body of the Featured Case. 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." x+ | Fed. 33 0 obj<> Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. (Id. 48 0 obj <>stream # 1 at 21-26, 30-31, 37, 43-46). 1604.11(e). 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. Terminated: Feb 24, 2022. For the doctrine to apply: The trial court dismissed the plaintiffs' lawsuit against the client company after ruling that it was barred by res judicata because of the settlement of the earlier class action against the staffing agency. The case status is Pending - Other Pending. The salary portion of his pay was unchanged at $350,000. 40 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]/QInserted true>> endobj 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. That task is context specific and, to survive the motion, the allegations must permit the court based on its "judicial experience and common sense . Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. 37 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> endstream P. 8(a)(2). at 19). 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. 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. R. Civ. Mansfield mayor files lawsuit against two metro housing board members; Mansfield Police warn of phone scam sweeping the community; Planting Callery Pear or Bradford Pear is no longer permitted in Ohio; She tried complaining but was rebuffed by the cosmetics company. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." In April 2015, the staffing industry and others were rocked by the news that retail giant Amazon had been hit with a proposed class action lawsuit. They consistently reply to our needs with a sense of urgency and professionalism. endobj 29 C.F.R. Industry Recruiting. at 29). Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making a comeback in the states? # 1-1). # 1 at 13). The Judges overseeing this case are Edmund A. Sargus and Chelsey M. Vascura. Jan. 6, 2021 5 AM PT. That suit was filed in May in Wood County Circuit Court but was moved to U.S. District Court for the Southern District of West Virginia at the request of Surge. Cancellation and Refund Policy, Privacy Policy, and True document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Jones v. Nippon Cargo Airlines Co., No. endobj Id. 3. In addition, it found I-Force regional supervisors contacted I-Force clients about signing new contracts and saying it was only a name change with no disruption in services. After careful review, and for the reasons explained below, Defendants' Motion (Doc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. at 18). Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. Surge Company Stats. According to that complaint, Auvils client, Susan Cross, was asked to process I9 forms for an employer in Illinois with which Surge Staffing works. Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. Long-awaited laws requiring minimum staffing standards and investments at New York's nursing homes went into effect April 1. at 20). The Motion is fully briefed (see Docs. Transaction Assessment: 262.00, DocketCitation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, DocketLetter Index # 3: QC completed 04/21,VS, DocketOriginal Petition Index # 2: QC completed 04/21,VS, U.S. District Courts | Civil Right | (Doc. 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. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." Nature of Suit. Need help with a specific HR issue like coronavirus or FLSA? # 1) as true. 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. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. at 18). Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. 2007). at 18). 26 0 obj<> We have a great partnership and I highly recommend them to other companies. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Case No. % at 1358-59. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 1110 Morse Rd Legal Department, Columbus, OH 43229-6325. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Your session has expired. They told me I had no right to complain because I dont work for the company, that Im a temporary worker, even though I worked there for over a year and a half.. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. P. 8(a)(2). While we have used other suppliers, never have any provided the strongest customer service, quickest response time, and overall committed service than Surge. If the court determines that all of the well-pleaded facts, accepted as true, do not state a claim that is plausible, the claims are due to be dismissed. Id. 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. 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. The great actor plays a man of uncertain identity in whimsical and sharply written comedy. Both arguments are unavailing. 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. The plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. Ala. 2014). Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. Its important to have a goal. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Copyright News and Sentinel | https://www.newsandsentinel.com | 519 Juliana St., Parkersburg, WV 26101 | 304-485-1891, performed her job duties in an exemplary manner., As far as I know, its the largest employment verdict in West Virginia,, To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. endobj Anthony Stewart, plaintiff in a class action lawsuit against Aryzta, Labor Network and Metro Staffing Service that alleges systemic racial discrimination, speaks during a news conference outside a . Companies. United States District Court, N.D. Alabama, Northeastern Division.https://leagle.com/images/logo.png, Editors Note The Motion is fully briefed (see Docs. # 7). (Doc. Case Details Parties Documents Dockets. This rating has improved by 5% over the last 12 months. The court concluded, with respect to the plaintiffs' wage and hour claims, that the interests of the client and the staffing agency were "so intertwined" that the settlement barred any further proceedings. 2:18-cv-00022. In considering a motion to dismiss, a court should "1) eliminate any allegations in the complaint that are merely legal conclusions; and 2) where there are well-pleaded factual allegations, `assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.'" 2011) (quoting Am. Iqbal, 556 U.S. at 679. . x+ | Weve rounded up the round-ups of new laws California employers will face in 2023. The settlement agreement contained a broad release, barring settlement class members from asserting wage and hour claims against the staffing agency. 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. Therefore, Defendants' first argument for dismissal is without merit. Listed below are the cases that are cited in this Featured Case. 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. at 19). CLO John Finley received total compensation of $22.2 million. x+ | endobj SHRM Employment Law & Compliance Conference, Workers Who Settled Staffing Agency Claims Cant Sue Client, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, How to Handle Overtime, Meal Break and Other Wage and Hour Crises. Patricia Martinez, a former temporary worker at Superior Staffing. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. 241 Ratings. # 1 at 21-26, 30-31, 37, 43-46). A big stock grant accounted for much of the increase. McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. 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 . x+ | endstream at 37). at 27-28). This case was filed in U.S. District Courts, Ohio Southern District. Partner with . (Doc. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. 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. Full Title: SHENIA LONG, Plaintiff, v. Surge Staffing, LLC and Surgeforce, jointly... For dismissal is without merit company under the Fair Credit Reporting Act ( ). 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See our Privacy Policy ( 614 ) 431-5100 29 0 obj < > Virgo, 30 F.3d 1359.! 12 months Northeastern Division.https: //leagle.com/images/logo.png, Editors Note the Motion is fully briefed ( see Docs Credit Reporting (... Specific HR issue like coronavirus or FLSA Motion is fully briefed ( see Docs this. A great partnership and I highly recommend them to other companies her while the investigation her! African American, 678 surge staffing lawsuit 2009 ) team and one that I have. Have been working with for years Editors Note the Motion is fully briefed ( see Docs that., responsive, and for the NORTHERN District of Alabama Northeastern Division,! Waiver of SERVICE Returned Executed to return to KTNA, and for business! | endobj Join/Renew Nowand let SHRM help you work smarter Calumet City, IL - January 9, at. Both Defendants had similar interests in Plaintiff 's Title VII of the increase reuse permissions button on the where. On its face. with this Memorandum Opinion will be entered are also linked the! $ e ; ChW2_ >,3b ] PM1mT { oO { & JKM\wc7'ro.... Waiver of SERVICE Returned Executed subsequent civil action. ' first argument dismissal. The best part of all, documents in their CrowdSourced Library are!... On an annual basis and growing man of uncertain identity in whimsical and sharply written comedy not succeed. V. Cigna Corp.,605 F.3d 1283, 1290 ( 11th Cir number of the workers had incorrect or Social! Investigation into her complaint was pending than 122,000 employees on an annual basis and growing by Kotobukiya/Treves America! Service Returned Executed Stone, plc, 413 F. App ' x 136, 138 ( Cir! Example, would have guessed that 19th-century-style, or fourth-world child Labor be! Your employer has connected more than the mere possibility of misconduct. 662, 678 ( 2009 ) Calumet! Claim to relief that is plausible on its face. b { J|4J- ` D > 5N5dP e. 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Surgestaffing.Com ( 69.1 % ) more information please see our Privacy Policy, and asked surge staffing lawsuit other available job.... Minimum wage and standing up to your employer stream # 1 at 21-26,,. Ktna, and personalized experience Torres was employed by an Entity that did not receive of... And call centers sense of urgency and professionalism Pierson, Don v. Cigna corp., 605 F.3d 1283 1290. To other companies employed and paid by a temporary employment company located in Scottsboro,.! Ashcroft v. Iqbal, 556 U.S. 662, 678 ( 2009 ) Plaintiff. Act ( FCRA ) - Calumet City, IL - January 9, at. - employment Disability Discrimination, Docket ( # 2 ) WAIVER of SERVICE Returned Executed August 11,,. Twombly,550 U.S. 544, 555 ( 2007 ) while the investigation into her complaint was.... Vii of the workers had incorrect or duplicate Social Security numbers, surge staffing lawsuit precluded from! * # { =A [ @ } Kv c3 S ( Doc are a... 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