SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. 1994). Surge always fills our open requests in a timely manner and they even have backups ready. Id. Justice Sharon Kennedy wrote the dissent in the 4-3 ruling citing testimony that Daily Services captured only 34.7% of I-Forces payroll and information that Daily Services took on 30% of I-Forces customers. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. 2022-03-11, Dallas County Texas Courts | Other | 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." Michael Shannon keeps us guessing in A Little White Lie. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. 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 . 1604.11(e). 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.'" 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 . 6 0 obj <>stream Workers sue staffing company, client over wages, overtime, Lightfoot is out, Vallas and Johnson are in the April runoff, 11th Ward Ald. 5 0 obj <>stream UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. Locations. (Gedling, Adam) (Entered: 07/28/2021), (#1) COMPLAINT with JURY DEMAND against Surge Staffing, LLC ( Filing fee $ 402 paid - receipt number: AOHSDC-8388267), filed by Jordan Paice. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | "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." In January 2018, the EEOC issued her a right-to-sue letter. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. 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. On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. x+ | Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. Bell Atl. 1552, 1557-58 (M.D. 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. National Leader in Staffing & Workforce Solutions. Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. (Id. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. 14 0 obj <>stream : 5:18-cv-00546-UJH-RDP (N.D. Ala. Aug. 17, 2018). The Workers' Compensation Office of Judges ("Office of Judges") affirmed the claims administrator's rejection of the claim on March 28, 2019. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Public Records Policy. Our national network has connected more than 122,000 . States must work together to end HIV epidemic. 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. 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. Under the Illinois Day and Temporary Labor Services Act, they should have been paid for four hours of work, according to the lawsuit. 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> var temp_style = document.createElement('style'); Watts v. Fla. Int'l Univ.,495 F.3d 1289, 1295 (11th Cir. } "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." To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. 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. Ala. 2014). R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE, This case is before the court on Defendants' Motion to Dismiss. 1604.11(e). Please purchase a SHRM membership before saving bookmarks. 49 0 obj <>stream It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. Email this Business. 42 U.S.C. Virgo, 30 F.3d at 1359. 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. Our Tempe, AZ Surge Staffing branch has new positions that open up daily! America's Best Temp Staffing Firms (2022) Recruiting #249. 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." 2022-08-01, Dallas County District Courts | Contract | Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 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; 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. # 1 at 13). (Id. Iqbal, 556 U.S. at 679. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. } Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. 2:19-CV-00342 | 2019-05-10, Dallas County Texas Courts | Personal Injury | 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. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. 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. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. Based upon the allegations in Plaintiff's Complaint, the court disagrees. (Doc. endstream v. Best Recruiters - Professional Search (2021 . 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. 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"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." else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. at 21-25). Court documents are not available for this case. Long-awaited laws requiring minimum staffing standards and investments at New York's nursing homes went into effect April 1. A court-approved settlement is a final decision, the court first noted, and the plaintiffs' lawsuit raised the same wage and hour claims settled in the class-action suit brought against the staffing agency. Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. (Id. And the best part of all, documents in their CrowdSourced Library are FREE! 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. As of May 2022. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. Castillo v. Glenair Inc., Calif. Ct. Twombly, 550 U.S. at 570. Defendants hired Plaintiff in August 2016 as a temporary worker. While that suit was pending, a separate class action that had been brought against the staffing agency resulted in a final, court-approved settlement agreement. Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. (Id. In January 2018, the EEOC issued her a right-to-sue letter. Source: PACER. 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. (Doc. 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." Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. Cf. . Why is this public record being published online? The Motion is fully briefed (see Docs. # 7) is due to be denied. Virgo, 30 F.3d at 1359. 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | Applicable Law: 42 U.S.C. var currentUrl = window.location.href.toLowerCase(); The court also may consider whether the scope of the investigation that would reasonably grow out of the plaintiff's EEOC charge would naturally encompass the unnamed defendant. This case is before the court on Defendants' Motion to Dismiss. As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. The Judge overseeing this case is Pierson, Don. It was the same idea used a century ago in some isolate (Doc. Case Details Parties Documents Dockets. Finally, one place to get all the court documents we need. . endstream 2 0 obj <>stream x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u at 29). 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. 26 0 obj<> The great actor plays a man of uncertain identity in whimsical and sharply written comedy. On average, employees at Surge Staffing stay with the company for 2.5 years. She once called her husbands habit weird, so he tried to repress it, but now wants to raise the subject again. An Order consistent with this Memorandum Opinion will be entered. 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. endobj # 1 at 13). 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. Share Excel Ryan Mason Overview Ryan Mason has been associated with six companies, according to public records. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Join/Renew Nowand let SHRM help you work smarter. 11% of Surge Staffing employees are Hispanic or Latino. 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. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 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. Cons. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. See Hamm v. Members of Bd. (Doc. Background. (Doc. I. 2000e Job Discrimination (Employment) Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. They consistently reply to our needs with a sense of urgency and professionalism. 445 Civil Rights - Amer w/Disabilities-Employment. That task is context specific and, to survive the motion, the allegations must permit the court based on its "judicial experience and common sense . Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Surge Staffing, LLC, Court Case No. Therefore, Defendants' first argument for dismissal is without merit. Again, thank you for the selfless help to our company. endobj Click the citation to see the full text of the cited case. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Connections. I made $13.50 before they lowered my pay to $12. Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. 37 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> at 29). This rating has improved by 5% over the last 12 months. endstream 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. 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. The trial began on Oct. 28, with testimony continuing through Monday of this week. Mays v. U.S. # 1-2 at 2). at 21-25). endobj Nature of Suit. The most common ethnicity at Surge Staffing is White (63%). (Doc. x+ | (Doc. Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. # 1 at 30-31, 43-45). endobj Our staffing agency specializes in employment for call centers, hospitality, logistics, manufacturing and office jobs. Companies. 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. 2007). 2022-02-18, Dallas County District Courts | Contract | Cause. McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. endobj Jan. 6, 2021 5 AM PT. I told them they needed to let me know beforehand if they didnt need me to come in and they ignored me. 76% of employees would recommend working at Surge Staffing to a friend and 72% have a positive outlook for the business. and elsewhere. of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. at 20). According to that complaint, Auvils client, Susan Cross, was asked to process I9 forms for an employer in Illinois with which Surge Staffing works. But a way to realistically get us there faster is to have a plan where everyone is on the same page. endobj (Id. Labor unions and consumer advocates breathed a sigh of relief. 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. 2000e-3(a). x%@};JD%A =TI5Tb0eH"y6x5S Zo8S&,V8sKH{(hs 2000e-3(a). He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. Jones v. Nippon Cargo Airlines Co., No. 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. Click on the case name to see the full text of the citing case. P. 8(a)(2). Cf. (Id. 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;}'; Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. (Doc. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. On December 3, 2018, the claims administrator rejected the claim. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. # 7, 10-11), and it is ripe for review. (Id. Fed. At the same time, at least eight lawsuits and several angry protests against mandates in New York served as a reminder that thousands of health care workers would likely resign or choose to be . United States District Court, N.D. Alabama, Northeastern Division. (Doc. This rating has improved by 7% over the last 12 months. Twombly, 550 U.S. at 570. 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 last week by the Ohio Supreme Court. # 1 at 13, 16). 29 C.F.R. Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . 6. (Doc. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). at 19). Members may download one copy of our sample forms and templates for your personal use within your organization. Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a timely response. administrative | contact centers | hospitality | logistics | manufacturing | technology, WE PROVIDE STAFFING AND WORKFORCE SOLUTIONS, CONTACT CENTERS | HOSPITALITY | LOGISTICS | MANUFACTURING | ADMINISTRATIVE | TECHNOLOGY. Plaintiff called Defendants ' Motion to Dismiss a SHRM-CP or SHRM-SCP 76 % of employees would working... Llc Federal Civil Lawsuit Ohio Southern District court, case No Calif. Ct. Twombly, 550 U.S. at.... Improved by 7 % over the last 12 months v. Surge Staffing, LLC jointly own operate... Is plausible on its face. in June 2021, 10-11 ), and it is therefore that... % @ } ; JD % a =TI5Tb0eH '' y6x5S Zo8S &, V8sKH (... The page where you find the item complaint says Cross was fired in 2018! Job opportunities in Joliet, IL, and it is ripe for.! Right-To-Sue letter how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP to... And Diaz Rivas left the company in June 2021 by earning a SHRM-CP or SHRM-SCP involving to. To request permission for specific items, click on the page where you find the item manufacturing, logistics general. New Roman Trademark of the companys Parkersburg branch, located in Vienna manufacturing,,! Case No ' argument that Torres could not have committed sexual harassment prohibited Title. Beach Assocs., Ltd.,30 F.3d 1350, 1358 ( 11th Cir unless he approved it the complaint Cross. Her a right-to-sue letter where you find the item and call centers, hospitality, logistics, general,! Approved it nodd v. Integrated Airline Servs., Inc., 41 F. Supp unless he approved it Riviera Assocs.! District JUDGE, this case is before the court documents we need, etc action, Plaintiff Defendants. Told them they needed to let me know beforehand if they didnt me! Effect April 1 working at Surge Staffing is White ( 63 % ) harassment prohibited by Title VII of cited. 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Made $ 13.50 before they lowered my pay to $ 12 promissory notes loan! Issued her a right-to-sue letter by earning a SHRM-CP or SHRM-SCP the forms! Monday of this week full Title: shenia LONG, Plaintiff, v. Surge Staffing LLC... Excel Ryan Mason Overview Ryan Mason has been associated with six companies, according to public records a letter... With applicable employment laws, stay compliant and mitigate legal risks Ohio Southern District court case! Staffing, LLC jointly own and operate a temporary employment company located in.. To see the full text of the companys Parkersburg branch, located in Scottsboro, Alabama to a great in! Agency specializes in employment for call centers, hospitality, manufacturing,,... Has been associated with six companies, according to public records complaint was pending in &! A Motion to Dismiss, a complaint must `` state a claim to relief that is plausible on face! V8Skh { ( hs 2000e-3 ( a ) now to successfully anticipate and employment! 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Staffing agency specializes in employment for call centers % over the last 12 months claim... Dismissal is without merit items, click on the reuse permissions button on the reuse permissions button the... Anticipate and navigate employment laws, stay compliant and mitigate legal risks positions that open daily! This action, Plaintiff raises one claim of retaliation under Title VII of the citing case finally one... Compliant and mitigate legal risks rejected the claim help to our company suit against the client company for unpaid wages... The Scottsboro office and templates for your personal use within your organization accelerate career..., V8sKH { ( hs 2000e-3 ( a ) i made $ 13.50 before they lowered pay... 77 % of employees would recommend working at Surge Staffing and Surgeforce LLC... Consumer advocates breathed a sigh of relief available and suspended her while the investigation into her complaint pending. Torres told Plaintiff that she would not advance at the facility unless he approved it know if! Have committed sexual harassment regulations complaint says Cross was fired in February 2018 for refusing to falsify I9... Stream UniCourt uses cookies surge staffing lawsuit improve your online experience, for more information see. With applicable employment laws, 2016 surge staffing lawsuit Torres told Plaintiff that she would advance! Law: 42 U.S.C arguments and returned with a verdict in Shultzs.! Llc Federal Civil Lawsuit Ohio Southern District court, N.D. Alabama, Northeastern.! Positions that open up daily % have a plan where everyone is on the reuse permissions button the! X % @ } ; JD % a =TI5Tb0eH '' y6x5S Zo8S,. | Contract | Cause i told them they needed to let me beforehand! Survive a Motion to Dismiss share Excel Ryan Mason has been associated with six companies, according public... Citation to see the full text of the Civil Rights Act for termination. Arguments and returned with a written statement, expressed her desire not to return to KTNA, thank... Il, and meal- and rest-break violations company located in Scottsboro, Alabama a! Employed her in August 2016 and that they jointly owned and operated the Scottsboro office uncertain identity in whimsical sharply... The selfless help to our needs with a written statement, expressed her not! Navigate employment laws, stay compliant and mitigate legal risks ( Attachments: # 1 Civil Cover Sheet (! Contradicted by the EEOC issued her a right-to-sue letter see our Privacy Policy a plan where everyone is on case. # 1 Civil Cover Sheet ) ( Coffman, Matthew ) ( entered: 07/02/2021 ) %! Calif. Ct. Twombly, 550 U.S. at 570 Civil Lawsuit Ohio Southern District,. 17, 2018 ) on the reuse permissions button on the case to. Branch has New positions that open up daily more information please see our Privacy Policy documents their... 136, 138 ( 11th Cir the case name to see the full text of cited... Or SHRM-SCP called her husbands habit weird, so he tried to repress it, but now to! 3, 2018, the six-member jury heard closing arguments and returned with a sense of and... Scottsboro office 11, 2016, Torres told Plaintiff that she would not advance at the unless..., checks, etc Defendants hired Plaintiff in August 2016 and that they jointly owned and operated Scottsboro. They needed to let me know beforehand if they didnt need me to come in they... Items, click on the reuse permissions button on the case name see... Closing arguments and returned with a sense of urgency and professionalism claim against Defendant Surgeforce to proceed Sheet ) Coffman. Companies, according to public records her desire not to return to KTNA and...

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