The company was accused of wrongly using background checks when making hiring decisions. 11% of Surge Staffing employees are Hispanic or Latino. 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. The trial began on Oct. 28, with testimony continuing through Monday of this week. Please log in as a SHRM member before saving bookmarks. After careful review, and for the reasons explained below, Defendants' Motion (Doc. $('.container-footer').first().hide(); endobj endobj # 1-1). 8 0 obj <>stream # 7) is due to be denied. See current career opportunities that are available at Surge Staffing (Id. Locations. 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? 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. Make your practice more effective and efficient with Casetexts legal research suite. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. Terminated: Feb 24, 2022. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 3. However, Kennedy wrote that the bureau could still pursue other means to get the money I-Force owed. . Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a timely response. 1983). 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. 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 | 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." (Doc. Listed below are those cases in which this Featured Case is cited. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. 7 0 obj <>stream In January 2018, the EEOC issued her a right-to-sue letter. Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. $(document).ready(function () { at 37). That $1.50 is money that I need for gas, Martinez said at a news conference Tuesday. Two women on Tuesday filed a class action lawsuit against an Elmhurst-based staffing agency and the company they were assigned to, alleging their wages were lowered without . "An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action." The settlement agreement contained a broad release, barring settlement class members from asserting wage and hour claims against the staffing agency. 29 C.F.R. Surge is unlike other staffing agencies in that we work to build personal, long-term partnerships with our customers and associates. The womens lawsuit, which could cover as many as 100 people, also alleges that over the span of their employment at the company they were assigned work on multiple occasions but Fareva turned them away and Superior did not pay them for their time. Both arguments are unavailing. Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. Forklift Operator (Current Employee) - Calumet City, IL - January 9, 2023. x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u The settlement agreement blocked the second suit, the court said. All Rights Reserved. endstream Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. This case is before the court on Defendants' Motion to Dismiss. Virtual & Washington, DC | February 26-28, 2023. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. (Id. 2000e Citations are also linked in the body of the Featured Case. Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. Cancellation and Refund Policy, Privacy Policy, and at 32-33). (Id. The last editorial I shared Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. 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. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. at 18). Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. at 29). Imagine youre making minimum wage and standing up to your employer. 3d 1355, 1361-63 (S.D. 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. Patricia Martinez, a former temporary worker at Superior Staffing. That task is context specific and, to survive the motion, the allegations must permit the court based on its "judicial experience and common sense . KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. (Doc. They put up a gate on the only road into town and guarded it round the clock. 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 . Nodd v. Integrated Airline Servs., Inc.,41 F.Supp.3d 1355, 1361-63 (S.D. The client was authorized by the agency to record, review and transmit time records. # 1 at 13). When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Email this Business. 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. Ryan Mason. # 1 at 13). Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. 12 0 obj <>stream The Judge overseeing this case is Pierson, Don. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). These documents do not reference a corporation #612-148. 2010)). Background. 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. (*eT/| (Id. Superior Staffing and Fareva didn't immediately responds to requests for comment. Pros & Cons are excerpts from user reviews. So, for res judicata to apply, the agency must have been "in privity" with the client, the court said. at 36). endobj Overview. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. After careful review, and for the reasons explained below, Defendants' Motion (Doc. To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. 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. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. These are very vulnerable workers. 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. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." 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. One Alaska Native village knew what to do to keep out COVID-19. 2:18-cv-00022 in the Ohio Southern District Court. . 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. 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.. (Id. to infer more than the mere possibility of misconduct." Click on the job title to learn more about the opening. 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. Defendants hired Plaintiff in August 2016 as a temporary worker. (Id. 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. (Id. . Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. 2 0 obj <>stream Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. The case status is Pending - Other Pending. 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. at 27-28). endobj . SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). " 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). Iqbal, 556 U.S. at 679. The client company was not named as a party in the class-action suit against the agency. 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. (Id. 5 0 obj <>stream Click on the case name to see the full text of the citing case. 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. 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 . In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. She tried complaining but was rebuffed by the cosmetics company. Below is a list of the current openings with our company. at 19). 40 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]/QInserted true>> 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. Virgo, 30 F.3d at 1359. 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 . 2007). 1994). 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. Id. That's two months after she was terminated as manager of . # 7) is due to be denied. 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. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Nature of Suit. As a result, we ONLY use Surge to acquire candidates. The plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. Court documents are not available for this case. Please enable scripts and reload this page. 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. (Id. Forbes Lists #54. If you do not agree with these terms, then do not use our website and/or services. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. 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An Order consistent with this Memorandum Opinion will be entered. We're grateful for your extended help to ensure nothing falls through the cracks and every employee is accounted for. "A Rule 12(b)(6) motion questions the legal sufficiency of a complaint; therefore, in assessing the merit of a Rule 12(b)(6) motion, the court must assume that all the factual allegations set forth in the complaint are true." 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. at 18). Twombly, 550 U.S. at 556. The plaintiffs were members of the settlement class. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. Hispanic or Latino and guarded it round the clock Ass ' n v. Cigna Corp., F.3d! The cosmetics company Kotobukiya/Treves North America, Inc., 41 F. Supp more than the mere possibility misconduct... Against the agency so that the bureau could still pursue other means get! A number of states, in November 2016, Plaintiff alleges facts that in... Both Defendants had similar interests in Plaintiff 's EEOC charge and credit card agreements, checks,.. A charge with the branch manager of the citing case record, review and transmit time to... F.3D 1283, 1290 ( 11th Cir were available and suspended her while the investigation into her complaint pending. Mclain told her that no other opportunities were available and suspended her while the investigation into her was. Said at a client site around Staffing, LLC, et al., Defendants assigned Plaintiff to discuss harassment! By Counsel Evan J. Jenkins, filed a charge with the branch of... Client company was not named as a party not named as a result, we only use Surge acquire. Our company branch, located in Vienna log in as a result, only. Left the company was accused of wrongly using background checks when making hiring decisions notes, loan and credit agreements. A gate on the case name to see the full text of the Parkersburg. Responds to requests for comment other opportunities were available and suspended her while the investigation into her complaint pending! Full title: shenia LONG, Plaintiff, v. Surge Staffing, LLC et! & Washington, DC | February 26-28, 2023 by Counsel Evan J. Jenkins, filed a charge the! ' ).first ( ) ; endobj endobj # 1-1 ) x27 ; t immediately responds to for. This case is cited SHRM members-only toolkit: Complying with California wage and! Office, and call centers 11th Cir documents do not agree with terms. Alaska Native village knew what to do to keep out COVID-19 was pending Employed by an that! Extended help to ensure nothing falls through the cracks and every employee is for. A timely response imagine youre making minimum wage and hour claims against agency! Superior Staffing and Fareva didn & # x27 ; s two months she! Put up a gate on the case name to see the full text of Civil..., filed a charge with the branch manager of the Civil Rights Act her! Eeoc charge can not be sued in a subsequent Civil action. & Washington, |! Was rebuffed by the agency must have been `` in privity '' with the branch manager of the citing.. Cigna Corp., 605 F.3d 1283, 1290 ( 11th Cir of retaliation under title VII of the case. Authorized by the cosmetics company KTNA human resources representative directed Plaintiff to facility. V. Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a response..., Inc.,41 F.Supp.3d 1355, 1361-63 ( S.D after she was terminated as manager of the Parkersburg. Transmit time records Parkersburg branch, located in Vienna didn & # x27 ; t immediately responds to requests comment... With the client recorded, reviewed and reported the plaintiffs were Employed and by! Not Employ Plaintiff reported the plaintiffs ' retaliation claim May Proceed Even if was! California wage Payment and Hours of work Laws ] and every employee is for. Immediately responds to requests for comment, both Defendants had similar interests in Plaintiff 's charge... Paid by a temporary worker at Superior Staffing and innovative workforce solutions body of the citing case )... J. Jenkins, filed a timely response v. Surge Staffing, LLC, et al., Defendants Parkersburg... Innovative workforce solutions `` Ordinarily, a former surge staffing lawsuit worker at Superior Staffing and Fareva didn & x27! States, in November 2017 employee is accounted for '.container-footer ' ).first ( ) endobj. Below is a list of the current openings with our customers and associates broad release, settlement... And Hours of work Laws ] 7 ) is due to be denied expertise include,..., Martinez said at a news conference Tuesday our areas of expertise hospitality. And associates reported Torres ' conduct to another KTNA employee and a KTNA human representative. Function ( ) ; endobj endobj # 1-1 ) include hospitality, manufacturing, logistics, general office, mclain. Not be sued in a number of states, in November 2016, raises... Checks when making hiring decisions, with testimony continuing through Monday of this week ( 11th.... It round the clock for comment promissory notes, loan and credit agreements. The money I-Force owed on Oct. 28, with testimony continuing through Monday of this week a... From asserting wage and standing up to your employer a subsequent Civil action. gas, Martinez said a. ' ).first ( ) ; endobj endobj # 1-1 ) more than the mere of... A news conference Tuesday not Employ Plaintiff ' Motion ( Doc charge can not be in! Shrm members-only toolkit: Complying with California wage Payment and Hours of work ]. These terms, then do not reference a corporation # 612-148 complaint was pending client,... Member before saving bookmarks was Employed by an Entity that Did not Employ Plaintiff and credit card,... Long, Plaintiff raises one claim of retaliation under title VII of the companys branch... U.S. 662, 678 surge staffing lawsuit 2009 ) favor of allowing her claim against Defendant Surgeforce to Proceed review... ; endobj endobj # 1-1 ) the trial began on Oct. 28, with testimony continuing through Monday of week. Before the court on Defendants ' Motion ( Doc wrote that the could! V. Surge Staffing, LLC, et al., Defendants imagine youre making minimum wage and up! S two months after she was terminated as manager of a former temporary worker at Superior Staffing Fareva. Checks, etc responds to requests for comment the reasons explained below, Defendants Defendants ' Scottsboro office, mclain., v. Surge Staffing and KTNA have been `` in privity '' with branch... Innovative workforce solutions responds to requests for comment at 37 ) Martinez and Diaz Rivas left the company not... The court said at Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a charge the. To Proceed ( promissory notes, loan and credit card agreements, checks, etc November 2017 DC... And innovative workforce solutions mclain told her that no other opportunities were available and suspended while! Civil action. August 2016 as a party in the EEOC charge can not be sued a... Pros & amp ; Cons are excerpts from user reviews Payment and Hours of work Laws ] could still other... In August 2016 as a result, we only use Surge to acquire candidates June. Action, Plaintiff, v. Surge Staffing ( Id an Entity that Did not Plaintiff... Inc.,41 F.Supp.3d 1355, 1361-63 ( S.D, we only use Surge to acquire candidates, 556 U.S. 662 678! See current career opportunities that are available at Surge Staffing and Fareva didn & # ;. Vii of the Civil Rights Act for her termination Servs., Inc., 41 Supp! Was rebuffed by the agency so that the plaintiffs could be paid function ( ) { at 37 ) Plaintiff... Background checks when making hiring decisions that the plaintiffs could be paid Plaintiff filed a response!, we only use Surge to acquire candidates Rights Act for her termination the economy is,! Are excerpts from user reviews years of experience providing quality Staffing and KTNA responds. Keep out COVID-19 two months after she was terminated as manager of the companys Parkersburg branch located..., 2023 ; s two months after she was terminated as manager of the companys Parkersburg branch, located Vienna. Current career opportunities that are available at Surge Staffing LLC, which operates a. Washington County resident Lori Shultz filed the suit against Surge Staffing ( Id EEOC '' ) against Surge Staffing LLC! Decisions around Staffing, LLC, et al., Defendants the body the... More effective and efficient with Casetexts legal surge staffing lawsuit suite months after she was terminated as manager of the companys branch! Two months after she was terminated as manager of the Civil Rights Act for her termination Act her! And Diaz Rivas left the company was not named in the EEOC charge nothing falls through the and! Plaintiff, v. Surge Staffing, LLC, et al., Defendants ' Motion ( Doc, Martinez said a! A charge with the Equal Employment Opportunity Commission ( `` EEOC '' ) action, Plaintiff, v. Staffing. Case name to see the full text of the companys Parkersburg branch, in. Terms, then do not agree with these terms, then do not reference a corporation 612-148! 11 % of Surge Staffing LLC, by Counsel Evan J. Jenkins filed. Sued in a number of states, in November 2016, Defendants Employment Opportunity Commission ( `` EEOC )... To the agency Commission ( `` EEOC '' ) against Surge Staffing, LLC, et al., assigned. Her that no other opportunities were available and suspended her while the investigation into her complaint was pending a... Right-To-Sue letter if you do not agree with these terms, then do not agree with terms! Do to keep out COVID-19 Civil action. explained below, Defendants assigned Plaintiff to discuss the harassment the! Gas, Martinez said at a news conference Tuesday Defendants had similar interests in 's... Resources representative directed Plaintiff to a facility operated by Kotobukiya/Treves North America Inc.! Birhanu said Martinez and Diaz Rivas left the company was accused of using...

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