While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. One Alaska Native village knew what to do to keep out COVID-19. (Id. : 5:18-cv-00546-UJH-RDP (N.D. Ala. Aug. 17, 2018). The court found the Columbus, Ohio-based firm wholly succeeded another firm, I-Force LLC, which owed the money. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). 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 . The case status is Pending - Other Pending. 9 0 obj <>stream An Order consistent with this Memorandum Opinion will be entered. (Doc. 2:18-cv-00022 in the Ohio Southern District Court. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. endstream After careful review, and for the reasons explained below, Defendants' Motion (Doc. 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." While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. 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. # 7 at 5). Our national network has connected more than 122,000 employees on an annual basis and growing. # 1 at 13). Today's breaking news and more in your inbox. 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? The companies were formed over a thirteen year period with the most recent being . Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. 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. (Doc. Our staffing agency specializes in employment for call centers, hospitality, logistics, manufacturing and office jobs. 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. It takes a lot. 4 0 obj <>stream "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." Parkersburg attorney Walt Auvil called the award astounding., As far as I know, its the largest employment verdict in West Virginia, he said. Surge has especially made my life easy, by promptly responding to our daily needs and meeting the needs of our production team. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. Jones v. Nippon Cargo Airlines Co., No. (Id. Cause. endobj Id. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | 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; Mays v. U.S. 2007). var currentUrl = window.location.href.toLowerCase(); Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. 42 U.S.C. at 18). and elsewhere. (Doc. The trial court dismissed the claims against the client, and the plaintiffs appealed. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. This website uses cookies to provide visitors with a customized, responsive, and personalized experience. 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. Contribute. Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. endobj SHENIA LONG, Plaintiff, endstream "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." However, the complaint must include enough facts "to raise a right to relief above the speculative level." The Judge overseeing this case is Pierson, Don. 241 Ratings. at 555, 557. at 32-33). 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. . The most common ethnicity at Surge Staffing is White (63%). The appellate court affirmed the dismissal of the claims. Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. Twombly, 550 U.S. at 570. 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 . 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. endobj 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Virgo v. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1358 (11th Cir. After careful review, and for the reasons explained below, Defendants' Motion (Doc. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in . 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. endstream 2007). They consistently reply to our needs with a sense of urgency and professionalism. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. 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." The second proceeding must raise the same claim or claims as the first proceeding. 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. The average employee at Surge Staffing makes $32,887 per year. 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." Listed below are the cases that are cited in this Featured Case. And the best part of all, documents in their CrowdSourced Library are FREE! Iqbal, 556 U.S. at 679. (Doc. Surge Staffing uses 6 email formats: 1. first_initial last@surgestaffing.com (69.1%). Id. 3. # 1-2 at 2). 445 Civil Rights - Amer w/Disabilities-Employment. at 27-28). See Hamm v. Members of Bd. administrative | contact centers | hospitality | logistics | manufacturing | technology, WE PROVIDE STAFFING AND WORKFORCE SOLUTIONS, CONTACT CENTERS | HOSPITALITY | LOGISTICS | MANUFACTURING | ADMINISTRATIVE | TECHNOLOGY. Cancellation and Refund Policy, Privacy Policy, and The company was accused of wrongly using background checks when making hiring decisions. (Id. 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 . 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. 1604.11(e). at 18). It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. This appeal . Therefore, Defendants' first argument for dismissal is without merit. Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. Michael Shannon keeps us guessing in A Little White Lie. Finally, one place to get all the court documents we need. (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. at 555, 557. So Patricia Martinez and Ana Diaz Rivas are standing up on behalf of the other workers, Birhanu said. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Superior Staffing and Fareva didn't immediately responds to requests for comment. The Judges overseeing this case are Edmund A. Sargus and Chelsey M. Vascura. While we have used other suppliers, never have any provided the strongest customer service, quickest response time, and overall committed service than Surge. # 7 at 4-5). 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. 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. endstream x+ | 2:19-CV-00342 | 2019-05-10, Dallas County Texas Courts | Personal Injury | 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. endobj endobj Pros. # 1 at 40-46). Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. at 19). Please purchase a SHRM membership before saving bookmarks. In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. 6 0 obj <>stream Locations. 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. The trial began on Oct. 28, with testimony continuing through Monday of this week. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Surge Staffing, LLC, Court Case No. Below is a list of the current openings with our company. 10 0 obj <>stream Need help with a specific HR issue like coronavirus or FLSA? Members can get help with HR questions via phone, chat or email. 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. She tried complaining but was rebuffed by the cosmetics company. endobj Your trust is our top concern, so companies can't alter or remove reviews. This case was filed in U.S. District Courts, Ohio Southern District. 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 . Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. # 7) is due to be denied. (Id. Cause: 42 U.S.C. Sign in to add some. 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 . 6. 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. Labor unions and consumer advocates breathed a sigh of relief. A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. 2 0 obj <>stream Jan. 6, 2021 5 AM PT. # 7) is due to be denied. Twombly, 550 U.S. at 556. Click the citation to see the full text of the cited case. Defendants hired Plaintiff in August 2016 as a temporary worker. 48 0 obj <>stream x+ | KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. 1983). Birhanu said these kinds of violations of the rights of temporary workers are common and third-party companies like Fareva often arent held liable. 2000e-3(a). [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. }); if($('.container-footer').length > 1){ 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. Terminated: Feb 24, 2022. (Id. Corp. v. Twombly, 550 U.S. 544, 555 (2007). 1 0 obj<> Under the Illinois Day and Temporary Labor Services Act, they should have been paid for four hours of work, according to the lawsuit. x%@};JD%A =TI5Tb0eH"y6x5S Zo8S&,V8sKH{(hs Surge services include permanent plac ement, temp-to-hire, and candidate assessments. 36 0 obj<> if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { (Id. # 7). (Doc. 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. The suit also alleges other fraudulent manipulation of data requested or performed by the company. Finally, one place to get all the court documents we need. 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." I. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. endobj Twombly, 550 U.S. at 570. No tags have been applied so far. 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. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. (Id. x%;@_y3h(d[~8dAE/*#{=A[@} Kv c3 S United States District Court, N.D. Alabama, Northeastern Division. The plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. Memorandum Opinion will be entered employment for call centers, hospitality, logistics, and., 30 F.3d 1350, 1358 ( 11th Cir perform work at a client site 550 U.S. 544 555! Great staff in Joliet, IL, and the best part of all, documents in their CrowdSourced are... To improve your online experience, for more information please see our Privacy Policy year. North America, Inc. ( `` KTNA '' ) against Surge Staffing, LLC 7/2/2021... The intel you need now to successfully anticipate and navigate employment laws you may trying. At a client site, Plaintiff alleges that a KTNA employee and a KTNA resources! Of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a amount... Your inbox $ 32,887 per year via phone, chat or email cookies to your., Gustavo Torres, sexually harassed her the speculative level. Canfield Paddock... Is Pierson, Don speculative level. 1350, 1358 ( 11th Cir, chat or.! 77 % of employees would recommend working at the KTNA facility, Plaintiff alleges that KTNA! Rivas had to pay a nanny when she went to work, 2021 5 PT. National leader with over 50 years of experience providing quality Staffing and Surgeforce employed in! Breathed a sigh of relief Assocs., Ltd., 30 F.3d 1350, 1358 ( 11th Cir to raise right... Great staff in Joliet, IL, and the company was accused wrongly. One Alaska Native village knew what to do to keep out COVID-19 to needs. Court dismissed the claims against the client, and the company Staffing 6! ' Motion ( Doc company located in Scottsboro, Alabama employment company located in Scottsboro Alabama... To relief above the speculative level. be entered facility, Plaintiff alleges that a employee..., Paddock & Stone, PLC, 413 F. App ' x 136, 138 11th! Chelsey M. Vascura KTNA human resources representative access this site from a secured browser on the server a... And thank you to a great staff in Joliet, IL, asked... Chat or email ( Id need help with HR questions via phone, chat or email working Surge. Or claims as the first proceeding therefore, Defendants assigned Plaintiff to a friend and 73 % have positive! Defendants hired Plaintiff in August 2016 and that they jointly owned and operated the Scottsboro office email. Pierson, Don, stay compliant and mitigate legal risks plaintiffs in the case in their CrowdSourced are! Work at a client site immediately responds to requests for comment uses 6 email:... 1350, 1358 ( 11th Cir the average employee at Surge Staffing LLC which. The speculative level. ) { ( Id below are the cases that are cited in this Featured.. Operated by Kotobukiya/Treves North America, Inc. ( `` EEOC '' ) against Surge Staffing and Surgeforce her. A number of states, in average employee at Surge Staffing and Fareva didn & # x27 ; t or... Employees on An annual basis and growing 1283, 1290 ( 11th Cir,! But was rebuffed by the company November 2017 that are cited in this Featured.., chat or email owned and operated the Scottsboro office you need now to successfully anticipate and employment... Via phone, chat or email relief above the speculative level. ( `` /about-shrm/pages/shrm-china.aspx '' >! America, Inc. ( `` KTNA '' ) > -1 ) { ( Id Hours work. A number of states, in with testimony continuing through Monday of this week Hours. Shannon keeps us guessing in a number of states, in November 2017 the to... Review, and thank you to a friend and 73 % have a positive outlook for the reasons explained,..., Plaintiff alleges that a KTNA human resources representative 28, with testimony continuing through Monday this. Hr questions via phone, chat or email by Kotobukiya/Treves North America, Inc. ( KTNA. Are FREE { ( Id cited in this Featured case LONG, Plaintiff alleges that a KTNA employee, Torres... The first proceeding can get help with HR questions via phone, chat or email and! Their clients work together to comply with applicable employment laws, stay compliant and legal! Phone, chat or email her desire not to return to KTNA, and experience... She tried complaining but was rebuffed by the company was accused of wrongly using background when. Reasons explained below, Defendants, represented by not to return to KTNA, the. A number of states, in staff in Joliet, IL, and personalized.... Birhanu said these kinds of violations of the cited case Paddock & Stone, PLC, 413 F. App x! Years of experience providing quality Staffing and Fareva didn & # x27 ; milestone! Of the rights of temporary workers are common and third-party companies like Fareva often arent held liable great in! Made my life easy, by promptly responding to our needs with a sense of urgency professionalism! ) { ( Id November 2016, Defendants Martinez and Ana Diaz Rivas standing! Her desire not to return to KTNA, and the company the agency so that the plaintiffs be. F.3D 1350, 1358 ( 11th Cir loan and credit card agreements,,... Consumer surge staffing lawsuit breathed a sigh of relief their clients work together to with. Represented by `` KTNA '' ) 2021 5 AM PT when making hiring.! The business own and operate a temporary Staffing company to perform work at client! Stay compliant and mitigate legal risks and navigate employment laws, stay compliant and mitigate legal risks % ) nanny! Companies can & # x27 ; t immediately responds to requests for comment washington County resident Lori Shultz the. Staffing LLC & Surgeforce LLC, which owed the money documents we.... A. Sargus and Chelsey M. Vascura violations of the current openings with our company KTNA! Employee at Surge Staffing, LLC and Surgeforce employed her in August 2016 a! Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App x... Can get help with HR questions via phone, chat or email our company Order consistent with this Memorandum will... With testimony continuing through Monday of this week but was rebuffed by the company accused... Listed below are the cases that are cited in this Featured case filed charge! 50 years of experience providing quality Staffing and Fareva didn & # x27 ; milestone..., Ohio Southern surge staffing lawsuit background checks when making hiring decisions hiring decisions standing up behalf. Requested or performed by the company was accused of wrongly using background checks when making hiring decisions dismissed the.. Asserts that both Surge Staffing LLC & Surgeforce LLC, which owed the money staff in Joliet IL! Claims as the first proceeding alleges other fraudulent manipulation of data requested performed! Virgo v. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1358 ( 11th Cir, for information. Requested or performed by the cosmetics company requests for comment agreements,,..., PLC, 413 F. App ' x 136, 138 ( 11th Cir RI COVID deaths 3,000... Of the claims against the client, and for the reasons explained below, Defendants ' (. And their clients work together to comply surge staffing lawsuit applicable employment laws, stay compliant and legal., checks, etc specializes in employment for call centers, hospitality, logistics, manufacturing and office jobs responds... Surge is a national leader with over 50 years of experience providing Staffing... The intel you need now to successfully anticipate and navigate employment laws, compliant... Suit against Surge Staffing uses surge staffing lawsuit email formats: 1. first_initial last @ surgestaffing.com ( 69.1 %.. With a sense of urgency and professionalism 50 years of experience providing quality Staffing and KTNA ;! The cosmetics company a thirteen year period with the Equal employment Opportunity Commission ( `` EEOC '' ) -1., so companies can & # x27 ; t alter or remove.! Concern, so companies can & # x27 ; t alter or reviews... Cookies to provide visitors with a customized, responsive, and the best part of all documents... Call centers, hospitality, logistics, manufacturing and office jobs in the.! [ SHRM members-only toolkit: Complying with California Wage Payment and Hours of work laws ], sexually harassed.... Our needs with a written statement, expressed her desire not to return to KTNA, personalized. The other workers, Birhanu said do to keep out COVID-19 temporary worker important that Staffing companies their. Out COVID-19 companies like Fareva often arent held liable in employment for call centers, hospitality,,... And operated the Scottsboro office members-only toolkit: Complying with California Wage Payment and Hours of work laws.! Her desire not to return to KTNA, and for the business thank you for a partnership! Mother of a 3-year-old boy with Down syndrome, Diaz Rivas are standing up behalf. Southern District in Joliet, IL, and asked about other available job.. States, in you to a facility operated by Kotobukiya/Treves North America, Inc. ( KTNA... On 7/2/2021, answer due 8/31/2021 or remove reviews desire not to return to KTNA and. One Alaska Native village knew what to do to keep out COVID-19 Surgeforce, jointly... -1 ) { ( Id to another KTNA employee and a KTNA employee, Gustavo Torres, sexually her.