2:19-CV-00342 | 2019-05-10, Dallas County Texas Courts | Personal Injury | Nature of Suit. 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. Cancellation and Refund Policy, Privacy Policy, and at 555, 557. x+ | Please confirm that you want to proceed with deleting bookmark. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Twombly, 550 U.S. at 570. at 37). See Hamm v. Members of Bd. She tried complaining but was rebuffed by the cosmetics company. Need help with a specific HR issue like coronavirus or FLSA? at 19). Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. "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." Drew Angerer / Staff via Getty Images Healthcare workforce . These documents do not reference a corporation #612-148. xUXU.EwK7-,XEt7!R$iAB>wqy77x`Stvrrqqtm`OmgG.abnP13 |Ppu@n ZkqA`+MZ[a50}j)[Sc g'+8Y:lB # 1 at 13). In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. 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. In the suit, Shultz and her attorneys claim she was fired after refusing a company executives request to falsely verify on federal forms, known as I9s, that multiple employees in Surges Chicago office were not unauthorized aliens., In its response, Surge denies those allegations, as well as Shultzs assertion that she performed her job duties in an exemplary manner.. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. (Doc. If you do not agree with these terms, then do not use our website and/or services. endstream The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. endobj at 32-33). Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. pEXJ-)y 29 C.F.R. 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. Birhanu said these kinds of violations of the rights of temporary workers are common and third-party companies like Fareva often arent held liable. 2000e Job Discrimination (Employment) Surge always fills our open requests in a timely manner and they even have backups ready. endobj Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. Surge Staffing uses 6 email formats: 1. first_initial last@surgestaffing.com (69.1%). As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . at 1358-59. Blackstone Chief Legal . 2022-11-29, Tarrant County Courts | Other | Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. endobj at 36). 13 0 obj <>stream We at The Scotts Company need many temporary workers when we hit our peak season, Spring. That's two months after she was terminated as manager of . An Order consistent with this Memorandum Opinion will be entered. at 29). at 30-31). endobj While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. Founded 1996. . # 7, 10-11), and it is ripe for review. 14 0 obj <>stream Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Contribute. Companies. Terminated: Feb 24, 2022. endobj Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. endstream Public Records Policy. 2:18-cv-00022 in the Ohio Southern District Court. KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. Industry Recruiting. 1110 Morse Rd Legal Department, Columbus, OH 43229-6325. # 7) is due to be denied. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Defendants hired Plaintiff in August 2016 as a temporary worker. The staffing agency paid the plaintiffs based on those time records. After careful review, and for the reasons explained below, Defendants' Motion (Doc. 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. Surges attorney, Constance Weber, did not return messages seeking comment on the cases. Ala. 2014). Surges response denies the allegations, saying Cross was terminated because of the performance of the Parkersburg branch, something for which Cross complaint says she was not responsible. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. Last Updated April 25, 2019 at 2:39 PM EDT (3.7 years ago) 3. On average, employees at Surge Staffing stay with the company for 2.5 years. 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.. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . (Id. 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 plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. at 36). Case Filed: Jul 02, 2021. II. Case No. (Doc. TOLL FREE: 855-562-7288 administrative | contact centers | hospitality | logistics | manufacturing | technology. True App., No. Ala. 1996). (Doc. (Id. and elsewhere. 3. Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. The last editorial I shared Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. And the best part of all, documents in their CrowdSourced Library are FREE! Patricia Martinez of Bridgeport and Ana Diaz Rivas of Prospect Heights said their wages were reduced in November 2020, according to the lawsuit. 30 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Court documents are not available for this case. Today's breaking news and more in your inbox. 2022-09-02, Tarrant County Courts | Contract | Care New England representatives said they do not comment on pending litigation. (Id. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. As a result, we ONLY use Surge to acquire candidates. 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. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro 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 . 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 notice and they were not paid overtime. (Doc. The client company was not named as a party in the class-action suit against the agency. 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. Listed below are those cases in which this Featured Case is cited. Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. 2022-03-11, Dallas County Texas Courts | Other | Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Superior Staffing and Fareva did not respond to requests for comment. # 1 at 30-31, 43-45). Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. (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. (Id. 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 0 obj<> "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." at 18). endobj Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. (Doc. 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 . # 7 at 5). Current Job Listings 182 Total Jobs. 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. endobj endobj Twombly, 550 U.S. at 556. endobj endobj Twombly, 550 U.S. at 570. at 18). 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." McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. Hahn Loeser & Parks filed a trade secret lawsuit on Friday in Illinois Northern District Court on behalf of Surge Staffing LLC. # 7 at 4-5). SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Best Recruiters - Professional Search (2021 . However, the complaint must include enough facts "to raise a right to relief above the speculative level." 445 Civil Rights - Amer w/Disabilities-Employment. Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a timely response. (Doc. Please purchase a SHRM membership before saving bookmarks. Click on the case name to see the full text of the citing case. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { It was the same idea used a century ago in some isolate The case status is Pending - Other Pending. (Doc. Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . (Doc. at 21-25). 1994). The plaintiffs were members of the settlement class. (Doc. The average employee at Surge Staffing makes $32,887 per year. endobj Finally, one place to get all the court documents we need. 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 . Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. (Doc. 7 0 obj <>stream of Regents of State of Fla., 708 F.2d 647, 650 (11th Cir. 34 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. x%@};JD%A =TI5Tb0epH"y6x5S Zo8S&,V8sGx,B#j'q Id. 2:21-cv-03885. Why is this public record being published online? Plaintiff Has Sufficiently Pled Administrative Exhaustion of Her Claim Against Defendant Surgeforce. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. This issue is. National Leader in Staffing & Workforce Solutions. 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. 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." Listed below are the cases that are cited in this Featured Case. 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. Defendants hired Plaintiff in August 2016 as a temporary worker. Shenia Long, Plaintiff, represented by Anthony David Michel , WRADY & MICHEL LLC & Joshua Aaron Wrady , WRADY & MICHEL LLC. On December 3, 2018, the claims administrator rejected the claim. 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. endobj Pros. 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. at 27-28). Therefore, Defendants' first argument for dismissal is without merit. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. 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 . Keep you working. 6 0 obj <>stream The settlement agreement blocked the second suit, the court said. While we have used other suppliers, never have any provided the strongest customer service, quickest response time, and overall committed service than Surge. 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Id. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. at 1359. endstream R. Civ. DHL Supply Chain has been working with Surge in Mentor since 2015. 2 0 obj <>stream 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. A group of 10 states has filed a lawsuit against the Biden administration and its requirement that health care workers in the U.S. to be vaccinated against COVID-19, saying the mandate is . In January, three months into the surge, the number of major felonies dropped by 30 percent compared to the same month in 2022 even as ridership jumped from roughly 2.1 million to 3.1 million riders daily. (Id. Because it did not receive all of I-Forces customers, it did not wholly succeed the company, according to the dissent. Overview. So, for res judicata to apply, the agency must have been "in privity" with the client, the court said. x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u They have a great team and one that I personally have been working with for years. . 1994). 16 0 obj<> 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. Partner with . 9 0 obj <>stream 3 0 obj <>stream . endobj (Id. z{"A 0K r] 7 ?qD } Twombly, 550 U.S. at 570. 26 0 obj<> "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." 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. This does not mean that I-Force can evade its liability under workers compensation law, Kennedy wrote in the dissent. 241 Ratings. Click on the job title to learn more about the opening. To determine whether a defendant who was not named in the EEOC charge is a proper defendant in a Title VII suit, the court considers the following factors, among others: Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. Bell Atl. # 7) is due to be denied. # 1-2 at 2). (Id. 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." Years in Business: 58. Business Started: 1/1/1965. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | 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." Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. endobj While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. 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. On 07/02/2021 Paice filed a Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC. (Id. 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. Fed. # 1 at 13, 16). Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. 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. at 19). (Doc. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. JUDITH MARTINEZ vs. SURGE STAFFING, LLC, TEXAS SURGE STAFFING, LLC, BRENDA JOYCE SPROUSE NOAH, Deere & Company dba John Deere Financial vs Rocking Double S Services, Dawn Alison Karr, Debbie Seiverling and Brad Schafer Jointly & Severally, On Deck Capital, INC. vs 911 Training Concepts LLC, Keven Roles, Firestone Financial LLC vs ATD National Inc, Aleksandar Andrejic, PLS CHECK CASHERS OF TEXAS, L.P. vs. TEXAS TO PARADISE POOLS AND PATIO LLC, SAYLITE HOLDINGS vs. MAC KOSHNOODI D/B/A MK CONSTRUCTION, EMERALD SCIENTIFIC, LLC vs. PHARMLABS TEXAS LLC. 8 0 obj <>stream The appellate court affirmed the dismissal of the claims. It takes a lot. 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 court then found the client and the staffing agency to be in privity because they were involved in tracking and paying the plaintiffs' wages. The Motion is fully briefed (see Docs. # 7 at 5). Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). endstream Fed. All Rights Reserved. at 37). Patricia Martinez, middle, a former temporary worker at Superior Staffing, and Mark Birhanu (right), a staff attorney for Raise the Floor Alliance, attend a news conference Tuesday in the Little Village neighborhood. One that I know will continue for years to come. endobj Times New Roman # 7). Cons. Parkersburg attorney Walt Auvil called the award astounding., As far as I know, its the largest employment verdict in West Virginia, he said. No tags have been applied so far. Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. 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.'" Please log in as a SHRM member. endstream Weve rounded up the round-ups of new laws California employers will face in 2023. This week a federal judge dismissed the lawsuit. 5 0 obj <>stream 47 0 obj<> endobj Follow. Cons. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." This rating has improved by 5% over the last 12 months. Locations. (Id. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. Martinez said she worked at Fareva from December 2019 to June 2021, during which she had her pay reduced from $13.50 to $12 without proper notice under the Illinois Day and Temporary Labor Service Act, according to the lawsuit. } We have a great partnership and I highly recommend them to other companies. (Id. endstream Imagine youre making minimum wage and standing up to your employer. (Id. zphW%|ui_=wKqSI=R>[a _>OJP)'i@|'?L?B{@a]NJ[SiKgG?}/_''YC`'> _u `'kB%YaR1 JauYFyvVwN5e";+&%1{C_mpDhEz!NuI;d!8_!;I,4?m>'h]Dd/p&{Bm% b l 8^Ew582h p"m+ ;x:Q0kO_j#n6xO>f`^+t`~h2u%$A z1ne4 xg-+Kk*M.hhTTIN8CM&vE)+2KQ:q+l_Fc-[xc(sWvfQQa]yT8J}vMz0RcwN\z%, Typeface The Monotype Corporation plc. The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. County Court at Law #1 - Tarrant County Courthouse. P. 8(a)(2). (Id. 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; On days when she was turned away, she still had to pay the nanny. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. endstream 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. (Id. Jan. 6, 2021 5 AM PT. # 1 at 21-26, 30-31, 37, 43-46). endobj UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. at 26). Id. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. x+ | endobj 37 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. ? at 1358-59. 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. Cf. (Id. 2:22-CV-03372 | 2022-09-07. When SURGE Staffing internal and external employees hear the word 'family', they think of each other. 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. 1604.11(e). Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. # 1 at 13). To request permission for specific items, click on the reuse permissions button on the page where you find the item. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. (Doc. Mays v. U.S. (Id. 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | Our national network has connected more than 122,000 employees on an annual basis and growing. To determine whether a defendant who was not named in the EEOC charge is a proper defendant in a Title VII suit, the court considers the following factors, among others: Id. Cause. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). Was this article useful? Founded in 1989, Staffing Industry Analysts is the global advisor on staffing and workforce solutions. Make your practice more effective and efficient with Casetexts legal research suite. 1552, 1557-58 (M.D. # 1 at 40-46). To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. 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.

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