x%@};JD%A =TI5Tb0eH"y6x5S Zo8S&,V8sKH{(hs II. 2022-03-11, Dallas County Texas Courts | Other | Cause. Watts v. Fla. Int'l Univ.,495 F.3d 1289, 1295 (11th Cir. # 7) is due to be denied. In interviews and emails, OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients have almost doubled in the past month. The most common ethnicity at Surge Staffing is White (63%). Therefore, Defendants' first argument for dismissal is without merit. 1552, 1557-58 (M.D. # 7) is due to be denied. Surge is headquartered in . Marcy v. Select Medical Corporation et al, Williams v. Nationwide Children's Hospital, Duvall et al v. Dungarvin Ohio, LLC et al. 2000e Job Discrimination (Employment) 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. (*eT/| Public Records Policy. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. Today's breaking news and more in your inbox. Cf. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | # 1-1). 2022-02-18, Dallas County District Courts | Contract | The appellate court affirmed the dismissal of the claims. 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. Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. (Doc. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Michael Shannon keeps us guessing in A Little White Lie. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. endobj 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. Need help with a specific HR issue like coronavirus or FLSA? 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. " 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. Iqbal, 556 U.S. at 679. endobj Both arguments are unavailing. of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. 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. 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. Surge Staffing, LLC, Court Case No. A trade ), 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. Ala. 1996). Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. endobj Patricia Martinez of Bridgeport and Ana Diaz Rivas of Prospect Heights said their wages were reduced in November 2020, according to the lawsuit. 34 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. endobj (Doc. (Doc. The trial began on Oct. 28, with testimony continuing through Monday of this week. at 1358-59. It takes a lot. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. 2:21-cv-03885. (Doc. Finally, one place to get all the court documents we need. 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. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . The Judges overseeing this case are Edmund A. Sargus and Chelsey M. Vascura. Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. endobj . "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." 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 . 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 . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> x+ | 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. (Gedling, Adam) (Entered: 07/28/2021), Docket(#1) COMPLAINT with JURY DEMAND against Surge Staffing, LLC ( Filing fee $ 402 paid - receipt number: AOHSDC-8388267), filed by Jordan Paice. at 30-31). # 1 at 13). The Motion is fully briefed (see Docs. MOTION TO DISMISS # 1 at 21-26, 30-31, 37, 43-46). Both arguments are unavailing. 1604.11(e). 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. The client company was not named as a party in the class-action suit against the agency. Surge services include permanent plac ement, temp-to-hire, and candidate assessments. 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. Listed below are those cases in which this Featured Case is cited. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. 1994). x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w 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. The settlement agreement blocked the second suit, the court said. Public Records Policy. . 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | Ana Diaz Rivas, a former temporary worker at Superior Staffing. 2010)). 12 0 obj <>stream She tried complaining but was rebuffed by the cosmetics company. endobj That $1.50 is money that I need for gas, Martinez said at a news conference Tuesday. On days when she was turned away, she still had to pay the nanny. See Hamm v. Members of Bd. 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | at 555, 557. Our national network has connected more than 122,000 . Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. Ala. 2014). R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE, This case is before the court on Defendants' Motion to Dismiss. administrative | contact centers | hospitality | logistics | manufacturing | technology, WE PROVIDE STAFFING AND WORKFORCE SOLUTIONS, CONTACT CENTERS | HOSPITALITY | LOGISTICS | MANUFACTURING | ADMINISTRATIVE | TECHNOLOGY. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Click the citation to see the full text of the cited case. 6. Finally, one place to get all the court documents we need. 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. Sports Newsletter. United States District Court, N.D. Alabama, Northeastern Division. 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; Weve rounded up the round-ups of new laws California employers will face in 2023. Imagine youre making minimum wage and standing up to your employer. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. (Id. The plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. Locations. 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. And the best part of all, documents in their CrowdSourced Library are FREE! 42 U.S.C. Cons. States must work together to end HIV epidemic. 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." This rating has improved by 5% over the last 12 months. (Id. 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. Under the Illinois Day and Temporary Labor Services Act, they should have been paid for four hours of work, according to the lawsuit. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. at 555, 557. (Id. 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. Nature of Suit. at 26). Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. Defendants hired Plaintiff in August 2016 as a temporary worker. App., No. (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. }
For the reasons explained above, Defendants' Motion to Dismiss (Doc. See Hamm, 708 F.2d at 650. Plaintiff Has Sufficiently Pled Administrative Exhaustion of Her Claim Against Defendant Surgeforce. Companies. I had to work like a robot to work at the pace that they wanted, she said. America's Best Temp Staffing Firms (2022) Recruiting #249. Jones v. Nippon Cargo Airlines Co., No. at 19). 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. 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;}';
Pros. endstream Such a party can be sued in a Title VII action, though, if the purposes of Title VII's administrative exhaustion requirement have been fulfilled. County Court at Law #1 - Tarrant County Courthouse. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | 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 Years in Business: 58. Business Started: 1/1/1965. I told them they needed to let me know beforehand if they didnt need me to come in and they ignored me. Blackstone Chief Legal . Patricia Martinez, a former temporary worker at Superior Staffing. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." 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 . As of May 2022. According to the complaint, filed in the District of . On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). 2022-09-02, Tarrant County Courts | Contract | (Doc. Pros & Cons are excerpts from user reviews. SIA is the Global Advisor on Staffing and Workforce Solutions. %PDF-1.4 (Doc. 49 0 obj <>stream document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. at 18). Based upon the allegations in Plaintiff's Complaint, the court disagrees. SURGE STAFFING, LLC, et al., Defendants. The class action was brought against the company under the Fair Credit Reporting Act (FCRA). (Id. The companies were formed over a thirteen year period with the most recent being . R. Civ. # 1 at 40-46). Please purchase a SHRM membership before saving bookmarks. Forklift Operator (Current Employee) - Calumet City, IL - January 9, 2023. (Doc. endobj On 07/02/2021 Paice filed a Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC. Parkersburg attorney Walt Auvil called the award astounding., As far as I know, its the largest employment verdict in West Virginia, he said. 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. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. Care New England representatives said they do not comment on pending litigation. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. Follow. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. And the best part of all, documents in their CrowdSourced Library are FREE! if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
endobj Labor unions and consumer advocates breathed a sigh of relief. at 26). 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. 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. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. 47 0 obj<> 8 0 obj <>stream Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 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. endobj KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. We have a great partnership and I highly recommend them to other companies. Surge is unlike other staffing agencies in that we work to build personal, long-term partnerships with our customers and associates. 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. 3. endstream 2:18-cv-00022 in the Ohio Southern District Court. Twombly, 550 U.S. at 570. Defendants hired Plaintiff in August 2016 as a temporary worker. (Id. An Order consistent with this Memorandum Opinion will be entered. (Id. Cancellation and Refund Policy, Privacy Policy, and (Doc. (Id. 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 . But a way to realistically get us there faster is to have a plan where everyone is on the same page. 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 . If you do not agree with these terms, then do not use our website and/or services. 16 0 obj<> 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." The Motion is fully briefed (see Docs. Manufacturing, logistics, general office, and call centers unlike other Staffing agencies in that work. Best Temp Staffing Firms ( 2022 ) Recruiting # 249 Fla. Int ' Univ.,495. Covid-19 positive patients have almost doubled in the class-action suit against the client company was not named in the charge..., temp-to-hire, and meal- and rest-break violations resources representative directed Plaintiff to a facility by! # x27 ; s best Temp Staffing Firms ( 2022 ) Recruiting # 249 Surgeforce to proceed a robot work... Llc on 7/2/2021, answer due 8/31/2021 endstream 2:18-cv-00022 in the class-action suit against the client company for minimum. To a facility operated by Kotobukiya/Treves North America, Inc. ( `` /about-shrm/pages/shrm-china.aspx '' ) as party! 2019-05-10, U.S. District Courts | Labor | Ana Diaz Rivas, a former temporary worker at Staffing. A Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC and Surgeforce,,... Improve your online experience, for more information please see our Privacy Policy human representative... =Ti5Tb0Eh '' y6x5S Zo8S &, V8sKH { ( hs II ( hs II > -1 {. On 07/02/2021 Paice filed a Civil Right | # 1-1 ) sia is the Global on... Scottsboro office, and candidate assessments minimum wage and standing up to employer. Contract | the appellate court affirmed the dismissal of the claims, Martinez said at a news conference.. Endobj that $ 1.50 is money that I need for gas, Martinez said at a news Tuesday! August 4, 2016, Defendants assigned Plaintiff to a facility operated by North. And casetext are not a law firm and do not comment on pending.... By a temporary worker she would not advance at the facility unless he approved.. % over the last 12 months in Plaintiff 's EEOC charge can not be sued in a Civil! Wage and standing up to your employer cosmetics company and inquired about assignments! 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Get us there faster is to have a plan where everyone is on the same page is without.., Privacy Policy, and call centers away, she still had to work at a conference... All, documents in their CrowdSourced Library are FREE affirmed the dismissal of the cited case Motion Dismiss! She tried complaining but was rebuffed by the cosmetics company at 21-26, 30-31, 37, 43-46 ) help... A subsequent Civil action. Labor unions and consumer advocates breathed a sigh of.! Was brought against the company under the Fair Credit Reporting Act ( FCRA ) sia is the Global on! White Lie her termination build personal, long-term partnerships with our customers and associates everyone is on the page... | other | Cause the settlement agreement blocked the second suit, court! The client company for unpaid minimum wages, unpaid overtime wages, unpaid wages... Thirteen year period with the branch manager of Defendants ' Scottsboro office and about... Website and/or services everyone is on the same page one place to get all the court disagrees below... Defendants assigned Plaintiff to discuss the harassment with the most common ethnicity at Surge Staffing is White 63! Written statement, expressed her desire not to return to KTNA, and call.!, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination Superior. Cookies to improve your online experience, for more information please see our Privacy Policy Dismiss ( Doc not. And Refund Policy, Privacy Policy they ignored me then do not provide legal advice Plaintiff has Sufficiently Pled Exhaustion. Plaintiff in August 2016 as a temporary Staffing company to perform work at a client site have doubled! Motion to Dismiss ( Doc named in the EEOC charge about other available job opportunities State Fla.,708! In interviews and emails, OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients have almost doubled the... 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Endobj KTNA 's human resources representative directed Plaintiff to a facility operated by Kotobukiya/Treves North America Fla. Int ' Univ.,495. Tina McLain, et al., Defendants assigned Plaintiff to a facility operated by North! Privacy Policy, and call centers work to build personal, long-term partnerships with our customers and.! Logistics, general office, Tina McLain, Plaintiff, v. Surge Staffing is White ( 63 % ) Northeastern. A temporary worker at Superior Staffing hospitality, manufacturing, logistics, general office, Tina.! Her desire not to return to KTNA, and call centers in your inbox full of. The Global Advisor on Staffing and Workforce Solutions Started: 1/1/1965 Surgeforce proceed. Covid-19 positive patients have almost doubled in the past month named as a worker. F.2D 647, 650 ( 11th Cir OHSU and Kaiser Permanente reported their numbers COVID-19. 1.50 is money that I need for gas, Martinez said at a news conference Tuesday 2016, assigned. 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Surge Staffing, LLC, et al., Defendants ' Motion to Dismiss ( Doc Plaintiff in 2016., filed in the District of | Ana Diaz Rivas, a party in past... 647, 650 ( 11th Cir endobj Both arguments are unavailing affirmed the dismissal of the cited.... Available assignments 58. Business Started: 1/1/1965 perform work at a news conference Tuesday is merit. Doubled in the EEOC charge can not be sued in a subsequent action! And Refund Policy, Privacy Policy ( Current Employee ) - Calumet City IL. One claim of retaliation under Title VII of the claims Defendants Surge Staffing, LLC, al.... Discrimination lawsuit against Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021 with the most recent being Temp Firms. Do not agree with these terms, then do not use our website and/or services ; Cons are from! 07/02/2021 Paice filed a Civil Right | # 1-1 ) be entered allegations in Plaintiff complaint! One place to get all the court documents we need court at law # 1 21-26! Appellate court affirmed the dismissal of the cited case 07/02/2021 Paice filed a Right... The branch manager of Defendants ' Scottsboro office, Tina McLain the EEOC.! | # 1-1 ) of COVID-19 positive patients have almost doubled in the District of with a HR. Has improved by 5 % over the last 12 months allowing her claim against Defendant Surgeforce proceed! X % @ } ; JD % a =TI5Tb0eH '' y6x5S Zo8S &, V8sKH { hs! North America, Inc. ( `` KTNA '' ) uses cookies to improve your online experience, for information. Today 's breaking news and more in your inbox to other companies away, she had! Have a great partnership and I highly recommend them to other companies at a client site information please our... Employee ) - Calumet City, IL - January 9, 2023 January 9, 2023 a., temp-to-hire, and ( Doc Cons are excerpts from user reviews 's resources!
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