It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. The great actor plays a man of uncertain identity in whimsical and sharply written comedy. Shenia Long, Plaintiff, represented by Anthony David Michel , WRADY & MICHEL LLC & Joshua Aaron Wrady , WRADY & MICHEL LLC. Why is this public record being published online? Below is a list of the current openings with our company. 1983). Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. Specialties: Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce management solutions. 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. Imagine youre making minimum wage and standing up to your employer. America's Best Temp Staffing Firms (2022) Recruiting #249. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. Wrongful termination suit yields $8M verdict, performed her job duties in an exemplary manner., Man Receives $22.9M Settlement for Suffering Brain Injuries, Paralysis After Accident, USC to Pay $13M to Settle Class Action Lawsuit Over ERISA Violations, Amazon to Pay $7.2M to Settle Lawsuit Over Security Screening Pay, $3.5M Lawsuit Filed Against FedEx for Fatal Forklift Accident of Employee, The Celebration Of Black History Month And Notable Figures, Mormon Church to Pay $5M for Covering Up Investment Portfolio, Baton Rouge, Louisiana to Pay $1.17M in Protest Lawsuit, Court Orders Owner of Nursing Home Chain to Pay $15.7M Over Womans Death, Seattle Agrees to Pay $3.6M to Business Owners in 2020 CHOP Zone Lawsuit, Ski Resort Operator to Pay $17.5M to Settle Lawsuit Over 2020 Ski Area Shutdowns, Man Receives $9.15M After Being Dragged by San Francisco Train, Game Developer to Pay $415M for Violating Washingtons Gambling Laws. 29 C.F.R. # 1 at 13). Cause. (Id. Virgo v. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1358 (11th Cir. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | 1 0 obj<> Citations are also linked in the body of the Featured Case. 1604.11(e). (Id. % 2011) (quoting Am. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. at 32-33). SURGE STAFFING, LLC, et al., Defendants. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. Surge is unlike other staffing agencies in that we work to build personal, long-term partnerships with our customers and associates. (Doc. 3. (Doc. endobj Eventually, another employee of Surge Staffing and Surgeforce informed Plaintiff that McLain had terminated her "on or about August 11, 2016, without conducting an investigation." endobj Defendants present one argument for dismissing the Title VII claim against both of them and a separate argument for dismissing the Title VII claim against Surgeforce in particular. The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. 26 0 obj<> 6 0 obj <>stream x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u 76% of employees would recommend working at Surge Staffing to a friend and 72% have a positive outlook for the business. It was the same idea used a century ago in some isolate endobj (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. The class action was brought against the company under the Fair Credit Reporting Act (FCRA). Watts v. Fla. Int'l Univ., 495 F.3d 1289, 1295 (11th Cir. Surges attorney, Constance Weber, did not return messages seeking comment on the cases. Court documents are not available for this case. The companies were formed over a thirteen year period with the most recent being . Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. 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. This case was filed in U.S. District Courts, Ohio Southern District. at 5). 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. # 1 at 21-26, 30-31, 37, 43-46). $(document).ready(function () { A big stock grant accounted for much of the increase. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). 11% of Surge Staffing employees are Hispanic or Latino. To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. SIA is the Global Advisor on Staffing and Workforce Solutions. 2:22-CV-03372 | 2022-09-07. 2021-06-10. 29 0 obj<> Jones v. Nippon Cargo Airlines Co., No. %PDF-1.4 Iqbal, 556 U.S. at 679. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. 2000e-3(a). The client company was not named as a party in the class-action suit against the agency. at 30-31). endstream endobj This rating has improved by 7% over the last 12 months. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. at 21-25). Source: PACER. On December 3, 2018, the claims administrator rejected the claim. # 1 at 40-46). 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. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { These documents do not reference a corporation #612-148. endstream Plaintiff plausibly alleges that (1) Torres sexually harassed her, (2) she subjectively and reasonably believed that the sexual harassment violated Title VII, (3) she reported the harassment to Defendants, who employed her, but (4) Defendants terminated her and conducted no investigation of the harassment, rather than taking corrective action. 2022-03-11, Dallas County Texas Courts | Other | This week a federal judge dismissed the lawsuit. P. 8(a)(2). Nature of Suit. See Hamm, 708 F.2d at 650. (Doc. While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. "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." . z{"A 0K r] 7 ?qD } . Virgo, 30 F.3d at 1359. x+ | Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. 42:12101 Americans with Disabilities Act. Postal Serv., 928 F. Supp. at 29). document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. 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 . On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. But the client was not a named party to the first lawsuit. # 7) is due to be denied. # 7). In our small way of saying thank you, I wanted to let you know that we proudly list your company as one of our preferred vendors for temporary help. On average, employees at Surge Staffing stay with the company for 2.5 years. All Rights Reserved. Mays v. U.S. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. 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. II. (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 . That task is context specific and, to survive the motion, the allegations must permit the court based on its "judicial experience and common sense . Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. Labor unions and consumer advocates breathed a sigh of relief. at 18). (Doc. Forbes Lists #54. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. The abrupt departures of Patrick Kane and others in recent days have not only stripped the roster of its best talent but have also emotionally and psychologically affected those who remain. (Id. 3d 1355, 1361-63 (S.D. 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. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. The trial court dismissed the claims against the client, and the plaintiffs appealed. Compliance; FCA; News; Contractor Obtained Nearly $5 Million DoD Contract, Based in Part on False Claim He Built Stadium While in Prison for Defrauding Government In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. endobj x+ | SHENIA LONG, Plaintiff, 2010)). at 36). 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. 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. They have a great team and one that I personally have been working with for years. (Doc. McKee tries to combat COVID surge "Staffing at all of . Please log in as a SHRM member before saving bookmarks. 1994). Michael Shannon keeps us guessing in A Little White Lie. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. endstream In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. 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. 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. 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. 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. Today's breaking news and more in your inbox. United States District Court, N.D. Alabama, Northeastern Division.https://leagle.com/images/logo.png, Editors Note The lawsuit, filed earlier this week in U.S. District Court in Detroit, alleges that Henry Ford Health System's COVID-19 vaccine mandate is unconstitutional and infringes on workers' bodily . This issue often is decided at summary judgment, after the parties have been allowed to conduct discovery and present evidence on the Virgo and Hamm factors. 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." So Patricia Martinez and Ana Diaz Rivas are standing up on behalf of the other workers, Birhanu said. She tried complaining but was rebuffed by the cosmetics company. 10 0 obj <>stream KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. R. Civ. at 19). Virtual & Washington, DC | February 26-28, 2023. A. (Doc. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. 1994). CLO John Finley received total compensation of $22.2 million. Click on the case name to see the full text of the citing case. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. 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.. (Id. x%;@_y3h(d[~8dAE/*#{=A[@} Kv c3 S McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. endobj 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. This website uses cookies to provide visitors with a customized, responsive, and personalized experience. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. And, through the settlement, the plaintiffs were compensated for any errors made in paying their wages. endobj Birhanu said these kinds of violations of the rights of temporary workers are common and third-party companies like Fareva often arent held liable. P. 8(a)(2). Thus, for the purpose of resolving the Motion to Dismiss under Rule 12(b)(6), the court treats the facts alleged in the Complaint (Doc. 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. at 29). Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. # 1 at 21-26, 30-31, 37, 43-46). 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 regarding the same claims, the California Court of Appeals ruled. Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. 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 $8 million in punitive damages against Surge Staffing. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. (Id. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." endobj However, the complaint must include enough facts "to raise a right to relief above the speculative level." Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. Id. Surge always fills our open requests in a timely manner and they even have backups ready. }); if($('.container-footer').length > 1){ Members may download one copy of our sample forms and templates for your personal use within your organization. Contribute. This case is before the court on Defendants' Motion to Dismiss. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. Email this Business. endobj 42 U.S.C. She kept working because it was the height of the pandemic and she worried she wouldnt find work elsewhere. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. endobj . 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. 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 . Again, thank you for the selfless help to our company. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied.2. 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. Applicable Law: 42 U.S.C. endobj 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Defendants hired Plaintiff in August 2016 as a temporary worker. For the reasons explained above, Defendants' Motion to Dismiss (Doc. 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. 1604.11(e). Patricia Martinez of Bridgeport and Ana Diaz Rivas of Prospect Heights said their wages were reduced in November 2020, according to the lawsuit. endobj endobj Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Parkersburg attorney Walt Auvil called the award astounding., As far as I know, its the largest employment verdict in West Virginia, he said. BBB File Opened: 8/30/1965. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. # 7, 10-11), and it is ripe for review. } The surge comes as cases rise across California due to the Omicron variant. According to that complaint, Auvils client, Susan Cross, was asked to process I9 forms for an employer in Illinois with which Surge Staffing works. Founded in 1989, Staffing Industry Analysts is the global advisor on staffing and workforce solutions.
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