The plaintiffs were members of the settlement class. 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 | 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. No tags have been applied so far. endobj Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. After careful review, and for the reasons explained below, Defendants' Motion (Doc. # 1 at 13, 16). Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. See current career opportunities that are available at Surge Staffing Again, thank you for the selfless help to our company. Please log in as a SHRM member before saving bookmarks. A big stock grant accounted for much of the increase. 10 0 obj <>stream (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. 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." Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. Virgo, 30 F.3d at 1359. 29 C.F.R. endobj "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." (Doc. We have a great partnership and I highly recommend them to other companies. United States District Court, N.D. Alabama, Northeastern Division. 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. 49 0 obj <>stream This website uses cookies to provide visitors with a customized, responsive, and personalized experience. ), Surge Staffing, LLC vs C P Supply Co. and Dana Morgan, Jointly and Severally Liable, Notice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, Dispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), Order of Dismissal With Prejudice Index # 8, Letter Index # 6: RE: Letter for Motion and Order Dismiss, Motion to Dismiss Index # 5: Motion to Dismiss, eFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), Financial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. 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. 48 0 obj <>stream 1994). 29 C.F.R. 2007). endobj SURGE STAFFING, LLC, et al., Defendants. Corp. v. Twombly,550 U.S. 544, 555 (2007). 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. $(document).ready(function () { On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. (Id. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. endobj endstream . The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. Sign in to add some. In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. Virgo, 30 F.3d at 1359. Imagine youre making minimum wage and standing up to your employer. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Follow. Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a timely response. Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. 1 0 obj<> Your trust is our top concern, so companies can't alter or remove reviews. 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. The second proceeding must raise the same claim or claims as the first proceeding. (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 . Id. 2007). 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. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. Cons. Iqbal, 556 U.S. at 679. Blackstone Chief Legal . 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. 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. 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 . Cause: 42 U.S.C. endstream at 37). Virgo, 30 F.3d at 1359. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. 2000e Job Discrimination (Employment) Overview. Typeface The Monotype Corporation plc. 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. # 1 at 30-31, 43-45). (Id. He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. Case Details Parties Documents Dockets. endobj 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. Long-awaited laws requiring minimum staffing standards and investments at New York's nursing homes went into effect April 1. endobj The suit also alleges other fraudulent manipulation of data requested or performed by the company. 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. Click the citation to see the full text of the cited case. 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. Iqbal, 556 U.S. at 679. Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. Care New England representatives said they do not comment on pending litigation. x+ | When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. % In January 2018, the EEOC issued her a right-to-sue letter. 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. 2:21-cv-03885. (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 suit accuses a former branch manager of misappropriating trade . 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. 33 0 obj<> 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. at 21-25). (Id. (Doc. Was this article useful? and elsewhere. at 26). As of May 2022. at 36). They have a great team and one that I personally have been working with for years. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. They put up a gate on the only road into town and guarded it round the clock. It was the same idea used a century ago in some isolate 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. That $1.50 is money that I need for gas, Martinez said at a news conference Tuesday. (Id. 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. I. 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> 11% of Surge Staffing employees are Hispanic or Latino. # 1 at 40-46). 2:18-cv-00022 in the Ohio Southern District Court. 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. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. 2022-11-29, Tarrant County Courts | Other | R. Civ. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." 16% of Surge Staffing employees are Black or African American. County Court at Law #1 - Tarrant County Courthouse. 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. Nodd v. Integrated Airline Servs., Inc.,41 F.Supp.3d 1355, 1361-63 (S.D. Members may download one copy of our sample forms and templates for your personal use within your organization. These are very vulnerable workers. Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." 2:18-cv-00022. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. Labor unions and consumer advocates breathed a sigh of relief. endobj x+ | Defendants hired Plaintiff in August 2016 as a temporary worker. 14 0 obj <>stream " Management is horrible and not willing to help with anything." (in 19 reviews) " No training or little at all and expected to do job somehow" (in 16 reviews) See more pros and cons. at 18). Corp. v. Twombly, 550 U.S. 544, 555 (2007). at 20). The Federal Rules of Civil Procedure require that a complaint provide "a short and plain statement of the claim showing that the pleader is entitled to relief." else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 2022-03-11, Dallas County Texas Courts | Other | 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | Nature of Suit. La Spatas lead may not be enough to avoid a second round there too, No major damage reported as tornadoes briefly touch down in Joliet, Naperville, Progressive leaders can blame themselves if Garcia or Johnson fail to make mayoral runoff, Blackhawks trade Patrick Kane to Rangers in era-ending move, Oscar predictions: Signs point to Everything turning to gold, Dear Abby: He likes wearing lingerie, wishes wife accepted it, Author or poser? 2022-08-01, Dallas County District Courts | Contract | Court documents are not available for this case. var currentUrl = window.location.href.toLowerCase(); # 7). v. Professional Pointer: Although the issues raised here may seem quite complicated and legalistic ("res judicata" and "privity"), this decision has everyday practical ramifications for staffing agencies and companies that use employees provided by staffing agencies: Under certain circumstances, courts may treat the two as inextricably linked for purposes of employment-related lawsuits. Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. Our Tempe, AZ Surge Staffing branch has new positions that open up daily! 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. This case was filed in U.S. District Courts, Ohio Southern District. (Id. $("span.current-site").html("SHRM MENA "); endobj Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. And, through the settlement, the plaintiffs were compensated for any errors made in paying their wages. # 7) is due to be denied. (Doc. In January 2018, the EEOC issued her a right-to-sue letter. B278239 (April 16, 2018). You have successfully saved this page as a bookmark. # 7 at 5). 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. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. When SURGE Staffing internal and external employees hear the word 'family', they think of each other. Specialties: Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce management solutions. Click on the case name to see the full text of the citing case. Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of female employees of Select Staffing, a temporary staffing agency operating in Albuquerque, New Mexico, who were sexually harassed during their job placements with the Albuquerque Police Department Inspection of Public Records Act (IPRA) Unit. and elsewhere. After careful review, and for the reasons explained below, Defendants' Motion (Doc. See Hamm, 708 F.2d at 650. (Id. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . # 7, 10-11), and it is ripe for review. Cf. (Id. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). endobj Source: PACER. (Id. While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. '' ) ; Ashcroft v. Iqbal, 556 U.S. 662, 678 ( 2009 ) the recorded! 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