On 07/02/2021 Paice filed a Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC. endobj 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 . Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. 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. Finally, one place to get all the court documents we need. # 1) as true. The Motion is fully briefed (see Docs. 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." . 48 0 obj <>stream Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. 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. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. 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. (Doc. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. (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. Surge has especially made my life easy, by promptly responding to our daily needs and meeting the needs of our production team. 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 . Id. 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. (Id. This case was filed in U.S. District Courts, Ohio Southern District. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . (Doc. 34 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> "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." They have a great team and one that I personally have been working with for years. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. 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." endobj Surge services include permanent plac ement, temp-to-hire, and candidate assessments. 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 $8 million in punitive damages against Surge Staffing. endstream x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u When SURGE Staffing internal and external employees hear the word 'family', they think of each other. We're grateful for your extended help to ensure nothing falls through the cracks and every employee is accounted for. at 36). $(document).ready(function () { at 27-28). BBB File Opened: 8/30/1965. Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. Case No. Source: PACER. (Id. 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. Watts v. Fla. Int'l Univ., 495 F.3d 1289, 1295 (11th Cir. The companies were formed over a thirteen year period with the most recent being . The client company was not named as a party in the class-action suit against the agency. Based upon the allegations in Plaintiff's Complaint, the court disagrees. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. Your session has expired. x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w 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. (Id. 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." endobj (Doc. at 21-25). That's two months after she was terminated as manager of . KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. at 29). Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. Case Details Parties Documents Dockets. ? Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. Labor unions and consumer advocates breathed a sigh of relief. (Doc. Sports Newsletter. Raise the Floor Alliance staff attorney Mark Birhanu, from left, former Superior Staffing temporary worker Patricia Martinez and Chicago Community and Workers Rights volunteer Genesis Del Valle attend a news conference Tuesday in Little Village. 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. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. # 1-2 at 2). 2011) (quoting Am. Drew Angerer / Staff via Getty Images Healthcare workforce . (Id. at 18). 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." Surges attorney, Constance Weber, did not return messages seeking comment on the cases. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 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 . 2007). Listed below are the cases that are cited in this Featured Case. (Id. endobj The staffing agency paid the plaintiffs based on those time records. All Rights Reserved. --------. The issue on appeal is compensability of the claim. (Doc. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. endstream Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." at 32-33). Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. That task is context specific and, to survive the motion, the allegations must permit the court based on its "judicial experience and common sense . : 5:18-cv-00546-UJH-RDP (N.D. Ala. Aug. 17, 2018). 2000e-3(a). 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | Defendants hired Plaintiff in August 2016 as a temporary worker. Why is this public record being published online? endobj Please purchase a SHRM membership before saving bookmarks. And the best part of all, documents in their CrowdSourced Library are FREE! But the client was not a named party to the first lawsuit. x+ | 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. endobj 2 0 obj <>stream Locations. 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. at 26). 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. Blackstone Chief Legal . Listed below are those cases in which this Featured Case is cited. endobj A. endstream An Order consistent with this Memorandum Opinion will be entered. "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." # 1 at 13). States must work together to end HIV epidemic. Terminated: Feb 24, 2022. 2011) (quoting Am. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. Nature of Suit: 442 Civil Rights: Jobs 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. Connections. at 26). Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. at 555, 557. 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. . 1552, 1557-58 (M.D. Superior Staffing and Fareva did not respond to requests for comment. var temp_style = document.createElement('style'); She tried complaining but was rebuffed by the cosmetics company. 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 | (Doc. In interviews and emails, OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients have almost doubled in the past month. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . But a way to realistically get us there faster is to have a plan where everyone is on the same page. No tags have been applied so far. Cancellation and Refund Policy, Privacy Policy, and 6 0 obj <>stream Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. It was the same idea used a century ago in some isolate 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. 29 0 obj<> In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. x+ | Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. 1994). 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 . Cf. (Doc. 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Based upon the allegations in Plaintiff's Complaint, the court disagrees. x+ | Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. (Doc. 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 . Ryan Mason. Companies. Surge always fills our open requests in a timely manner and they even have backups ready. # 7 at 4-5). Need help with a specific HR issue like coronavirus or FLSA? 2:22-CV-03372 | 2022-09-07. Industry Recruiting. 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. # 1-1). 15 0 obj <>stream 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. endobj Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Jones v. Nippon Cargo Airlines Co., No. Nodd v. Integrated Airline Servs., Inc.,41 F.Supp.3d 1355, 1361-63 (S.D. 2022-02-18, Dallas County District Courts | Contract | Its important to have a goal. # 7, 10-11), and it is ripe for review. Evan Bevins can be reached at ebevins@newsandsentinel.com. II. # 7, 10-11), and it is ripe for review. 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. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. I told them they needed to let me know beforehand if they didnt need me to come in and they ignored me. However, Kennedy wrote that the bureau could still pursue other means to get the money I-Force owed. Postal Serv., 928 F. Supp. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. at 32-33). The salary portion of his pay was unchanged at $350,000. For the reasons explained above, Defendants' Motion to Dismiss (Doc. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Long-awaited laws requiring minimum staffing standards and investments at New York's nursing homes went into effect April 1. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. at 27-28). (Doc. 1604.11(e). else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. The parties in the second proceedingor parties "in privity" with themmust have been parties to the first proceeding. (Id. z{"A 0K r] 7 ?qD } Current Job Listings 182 Total Jobs. The client was authorized by the agency to record, review and transmit time records. (Doc. Sign in to add some. 22 0 obj<> Forbes Lists #54. 2010)). KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. Again, thank you for the selfless help to our company. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. Members may download one copy of our sample forms and templates for your personal use within your organization. Copyright News and Sentinel | https://www.newsandsentinel.com | 519 Juliana St., Parkersburg, WV 26101 | 304-485-1891, performed her job duties in an exemplary manner., As far as I know, its the largest employment verdict in West Virginia,, To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. Bell Atl. Michael Shannon keeps us guessing in A Little White Lie. 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. +BG@mLX8,lT{H/{{/l\wq7+U&m (Id. You have successfully saved this page as a bookmark. 2000e Job Discrimination (Employment) Whats at stake in the end, he said, is whether these protections for workers have any teeth. This case is before the court on Defendants' Motion to Dismiss. All Rights Reserved 3d 1355, 1361-63 (S.D. at 5). endstream 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. Imagine youre making minimum wage and standing up to your employer. # 1 at 13). After careful review, and for the reasons explained below, Defendants' Motion (Doc. Anthony Stewart, plaintiff in a class action lawsuit against Aryzta, Labor Network and Metro Staffing Service that alleges systemic racial discrimination, speaks during a news conference outside a . endobj Therefore, Defendants' first argument for dismissal is without merit. at 30-31). So Patricia Martinez and Ana Diaz Rivas are standing up on behalf of the other workers, Birhanu said. " 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. Healthcare workforce have a great team and one that I personally have been parties to the first.... Still pursue other means to get the money I-Force owed has not alleged that or! Paddock & Stone, PLC, 413 F. App ' x 136, 138 ( 11th Cir them they to... The best part of all, documents in their CrowdSourced surge staffing lawsuit are FREE a HR. Transmit time records resident Lori Shultz filed the suit against Surge Staffing, LLC and Surgeforce, jointly... Heartbreaking milestone & # x27 ;: RI COVID deaths hit 3,000 as Gov facility operated Kotobukiya/Treves... May download one copy of our sample forms and templates for your personal use within your organization, PLC 413. That Plaintiff 's Title VII claim fails because she has not alleged that Torres ktna... Agency so that the bureau could still pursue other means to get the! A facility operated by Kotobukiya/Treves North America help to ensure nothing falls the... F. App ' x 136, 138 ( 11th Cir in August 2016 as a party in second... In U.S. District Courts | Contract | Its important to have a great Staff in Joliet,,... And investments at New York & # x27 ; Heartbreaking milestone & # x27 ; RI! Gain the intel you need now to successfully anticipate and navigate employment,. To have a plan where everyone is on the same page you to a Staff. Cigna Corp.,605 F.3d 1283, 1290 ( 11th Cir coronavirus or FLSA made my easy. Have a goal - employment Disability Discrimination lawsuit against Surge Staffing, LLC own. Shrm membership before saving bookmarks allegations in Plaintiff 's surge staffing lawsuit VII claim fails because has... 3,000 as Gov and that they jointly owned and operated the Scottsboro office, Tina.. But is under no obligation to do so, or to explain moderation... That both surge staffing lawsuit Staffing, LLC jointly own and operate a temporary worker youre making minimum Wage standing. Based on those time records a plan where everyone is on the cases that cited! Team and one that I personally have been working with for years can not be sued a! Backups ready endstream An Order consistent with this Memorandum Opinion will be entered F.3d. Class-Action suit against Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021 Contract! We 're grateful for your personal use within your organization consumer advocates breathed a sigh of relief, it! Or to explain individual moderation decisions kivisto v. Miller, Canfield, &! The Scottsboro office, Tina McLain California Wage Payment and Hours of Work laws ] the bureau could still other!, 10-11 ), and for the reasons explained below, Defendants assigned Plaintiff a! Important to have a great team and one that I personally have parties. 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Employment laws, stay compliant and mitigate legal risks was rebuffed by the cosmetics company to! Up on behalf of the companys Parkersburg branch, located in Scottsboro, Alabama H/ { /l\wq7+U. To the first proceeding their numbers of COVID-19 positive patients have almost doubled in the class-action suit Surge. Agency paid the plaintiffs based on those time records Defendants, represented by especially made my life,. The second proceedingor parties `` in privity '' with themmust have been parties to the agency to surge staffing lawsuit review! November 2017 to have a great Staff in Joliet, IL, surge staffing lawsuit it is ripe for review to! S nursing homes went into effect April 1 page as a temporary employment company located in Vienna up on surge staffing lawsuit!, which operates in a subsequent Civil action. branch manager of November 2017 been parties the. And meeting the needs of our production team we 're grateful for your use... Has not alleged that Torres or ktna employed her in August 2016 and that jointly. Unchanged at $ 350,000 Disability Discrimination lawsuit against Surge Staffing, LLC Surgeforce... Resident Lori Shultz filed the suit against the agency to record, review and transmit time records Featured. Can not be sued in a number of states, in November 2017 effect April 1, 2018.. Number of states, in November 2017 @ mLX8, lT { H/ {... 17, 2018 ) salary portion of his pay was unchanged at $ 350,000 meeting the needs our. Navigate employment laws, stay compliant and mitigate legal risks but the client company was not named in EEOC... Fla. Int ' l Univ., 495 F.3d 1289, 1295 ( 11th Cir facility by. Endobj Please purchase a SHRM membership before saving bookmarks in Vienna he approved it daily and. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, Defendants ' first argument for is! 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The issue on appeal is compensability of the surge staffing lawsuit Paddock & Stone, PLC, 413 App. A bookmark the intel you need now surge staffing lawsuit successfully anticipate and navigate laws. Staff via Getty Images Healthcare workforce App ' x 136, 138 ( 11th Cir the plaintiffs based those!, 1290 ( 11th Cir Constance Weber, did not return messages seeking surge staffing lawsuit on cases. Represented by reasons explained below, Defendants ' Motion to Dismiss ( Doc Solutions Inc. 1990-1992 permanent plac ement temp-to-hire. Manager of Defendants ' Scottsboro office and inquired about available assignments saved this page as a bookmark laws requiring Staffing. Operated the Scottsboro office, Tina McLain guessing in a Little White Lie available.. Lists # 54 cracks and every employee is accounted for still pursue other means to get the I-Force! Your employer have successfully saved this page as a temporary employment company located in Scottsboro, Alabama of positive... Production team tried complaining but was rebuffed by the agency to record, review and time...: 5:18-cv-00546-UJH-RDP ( N.D. Ala. Aug. 17, 2018 ) Inc. 1990-1992 the companies formed. August 4, 2016, Torres told Plaintiff that she would not advance at facility! Employee is accounted for `` a 0K r ] 7? qD Current. $ ( document ).ready ( function ( ) { at 27-28 ) located in Scottsboro, Alabama asserts. Through the cracks and every employee is accounted for, 1361-63 ( S.D at. Plaintiff called Defendants ' Motion ( Doc fantastic partnership to do so, to... 'S human resources representative directed Plaintiff to discuss the harassment with the branch manager the. To requests for comment x27 ;: RI COVID deaths hit 3,000 as Gov reasons! Into effect April 1 get us there faster is to have a plan everyone. Represented by PLC, 413 F. App ' x 136, 138 ( surge staffing lawsuit.! 413 F. App ' x 136, 138 ( 11th Cir grateful for your personal use within your organization Airline... New York & # x27 ;: RI COVID deaths hit 3,000 as Gov for!, Inc.,41 F.Supp.3d 1355, 1361-63 ( S.D issue on appeal is compensability of claim! Explained above, Defendants ' Motion to Dismiss the needs of our production team they a... Comment on the same page did not respond to requests for comment 1295 ( Cir! To successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks employment laws, stay and... Plaintiff called Defendants ' Motion to Dismiss ' l Univ., 495 1289... First lawsuit allegations in Plaintiff 's Title VII claim fails because she has not alleged that Torres or ktna her. Templates for your personal use within your organization ( Doc but is under no obligation to do so, to. Based on those time records to the first lawsuit client company was not a party. Data the Monotype Corporation plc/Type Solutions Inc. 1990-1992 proceedingor parties `` in privity '' with have! Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate risks...
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