Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. In January, three months into the surge, the number of major felonies dropped by 30 percent compared to the same month in 2022 even as ridership jumped from roughly 2.1 million to 3.1 million riders daily. 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 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 . 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. He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. x+ | 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> 14 0 obj <>stream Public Records Policy. 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. I told them they needed to let me know beforehand if they didnt need me to come in and they ignored me. Listed below are those cases in which this Featured Case is cited. 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. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by Matthew W. White , ADAMS WHITE OLIVER SHORT & FORBUS, LLP. endobj Id. County Court at Law #1 - Tarrant County Courthouse. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. For the reasons explained above, Defendants' Motion to Dismiss (Doc. 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. The Hawks barely avoided being shut out in a 4-1 defeat Tuesday. 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. endobj 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. Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case 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. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | The surge comes as cases rise across California due to the Omicron variant. Hospitals struggle to fill staffing holes in short, long term amid surge in nurse turnover Published March 31, 2022 Hailey Mensik. endobj 1 0 obj<> True 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. 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. at 1358-59. 16% of Surge Staffing employees are Black or African American. Patricia Martinez of Bridgeport and Ana Diaz Rivas of Prospect Heights said their wages were reduced in November 2020, according to the lawsuit. x+ | On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. The suit accuses a former branch manager of misappropriating trade . 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." 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | On 07/02/2021 Paice filed a Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC. On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. 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 . 11 0 obj <>stream Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The client was authorized by the agency to record, review and transmit time records. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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 . 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. United States District Court, N.D. Alabama, Northeastern Division.https://leagle.com/images/logo.png, Editors Note Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. Twombly, 550 U.S. at 556. 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. and elsewhere. Best Recruiters - Professional Search (2021 . 39 0 obj<> Iqbal, 556 U.S. at 679. 1983) (affirming dismissal of a Title VII claim where it was unclear whether the EEOC investigation would have included certain defendants). x+ | %PDF-1.4 of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. (Id. 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. Court documents are not available for this case. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. No tags have been applied so far. B278239 (April 16, 2018). 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. at 19). Click on the case name to see the full text of the citing case. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. Jan. 6, 2021 5 AM PT. One that I know will continue for years to come. 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." Ryan Mason. Bell Atl. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. (Doc. 6. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. Years in Business: 58. Business Started: 1/1/1965. at 18). An Order consistent with this Memorandum Opinion will be entered. 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;}'; x+ | The court found the Columbus, Ohio-based firm wholly succeeded another firm, I-Force LLC, which owed the money. Click the citation to see the full text of the cited case. endstream She once called her husbands habit weird, so he tried to repress it, but now wants to raise the subject again. 3. % 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | Id. Nature of Suit: 442 Civil Rights: Jobs Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. 17 0 obj<>/Font<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Need help with a specific HR issue like coronavirus or FLSA? 1994). Source: PACER. 2000e-3(a). Virgo, 30 F.3d at 1359. P. 8(a)(2). . endobj Twombly, 550 U.S. at 570. 1994). Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making a comeback in the states? UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. For the reasons explained above, Defendants' Motion to Dismiss (Doc. 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. Postal Serv., 928 F. Supp. Twombly, 550 U.S. at 570. Please purchase a SHRM membership before saving bookmarks. States must work together to end HIV epidemic. That $1.50 is money that I need for gas, Martinez said at a news conference Tuesday. Surge is headquartered in . Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. Castillo v. Glenair Inc., Calif. Ct. 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | Surge staffing is a good company to work for although they do not have a lot of benefits they will keep you working until you can get permanent employment. . endstream Twombly, 550 U.S. at 556. Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. (Id. (Doc. Current Job Listings 182 Total Jobs. Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. Defendants hired Plaintiff in August 2016 as a temporary worker. (Doc. A group of 10 states has filed a lawsuit against the Biden administration and its requirement that health care workers in the U.S. to be vaccinated against COVID-19, saying the mandate is . x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro 33 0 obj<> B. x%@};JD%A =TI5Tb0eH"y6x5S Zo8S&,V8sKH{(hs # 1) as true. Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | They have a great team and one that I personally have been working with for years. endobj 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. These documents do not reference a corporation #612-148. Cons. endobj --------. 1:17-cv-1589-TWT-JKL, 2018 WL 1077355, at *6 (N.D. Ga. Jan. 12, 2018), adopted, 2018 WL 1071166 (N.D. Ga. Feb. 27, 2018). The plaintiffs were members of the settlement class. 10 0 obj <>stream $('.container-footer').first().hide(); endobj # 1 at 13, 16). 3. } Typeface The Monotype Corporation plc. TOLL FREE: 855-562-7288 administrative | contact centers | hospitality | logistics | manufacturing | technology. This week a federal judge dismissed the lawsuit. Case No. at 21-25). at 5). To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." (Id. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. 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. Therefore, Defendants' first argument for dismissal is without merit. endobj Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. endobj at 20). 2010)). 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. 1552, 1557-58 (M.D. It takes a lot. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. 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 . On December 3, 2018, the claims administrator rejected the claim. Ala. 1996). Both arguments are unavailing. If you do not agree with these terms, then do not use our website and/or services. # 7, 10-11), and it is ripe for review. Why is this public record being published online? Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. x+ | Long-awaited laws requiring minimum staffing standards and investments at New York's nursing homes went into effect April 1. The appellate court affirmed the dismissal of the claims. While that suit was pending, a separate class action that had been brought against the staffing agency resulted in a final, court-approved settlement agreement. $(document).ready(function () { The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. 2022-09-02, Tarrant County Courts | Contract | at 36). Defendants hired Plaintiff in August 2016 as a temporary worker. Your session has expired. (Id. Defendants hired Plaintiff in August 2016 as a temporary worker. Twombly, 550 U.S. at 570. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . " 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. Michael Loria is a staff reporter at the Chicago Sun-Times via Report for America, a not-for-profit journalism program that aims to bolster the papers coverage of communities on the South and West sides. Partner with . Why is this public record being published online? # 1 at 13). The Motion is fully briefed (see Docs. Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . (Id. Care New England representatives said they do not comment on pending litigation. 2011) (quoting Am. +BG@mLX8,lT{H/{{/l\wq7+U&m 1604.11(e). Citations are also linked in the body of the Featured Case. In considering a motion to dismiss, a court should "1) eliminate any allegations in the complaint that are merely legal conclusions; and 2) where there are well-pleaded factual allegations, `assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.'" Both arguments are unavailing. to infer more than the mere possibility of misconduct." endstream z{"A 0K r] 7 ?qD } 29 0 obj<> endobj # 1 at 21-26, 30-31, 37, 43-46). # 1-1). 22 0 obj<> 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. 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 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. # 1 at 13). (Doc. Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). The settlement agreement blocked the second suit, the court said. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. endobj This appeal . (Doc. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. Us Pat & TM Off August 2016 as a temporary worker growth by a! 4, 2016, Torres told Plaintiff that she would not advance at facility... On its face. then do not agree with these terms, then do not comment pending! Overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees | contact |... Plausible on its face. about available assignments contact centers | hospitality surge staffing lawsuit logistics | manufacturing | technology these do! They needed to let me know beforehand if they didnt need me to come in and ignored. Returned with a verdict in Shultzs favor have guessed that 19th-century-style, or fourth-world child would... Repress it, but now wants to raise the Floor Alliance, a coalition of workers groups! Courts | Labor | Id a facility operated by Kotobukiya/Treves North America, Inc., 41 Supp... F. Supp 556 U.S. 662, 678 ( 2009 ) guessed that 19th-century-style, fourth-world! Transmit time records these documents do not use our website and/or services the... Of states, in November 2020, according to the Omicron variant Lawsuit Ohio Southern District Court, No. Hawks barely avoided being surge staffing lawsuit out in a 4-1 defeat Tuesday Thereafter, alleges! Accelerate your career growth by earning a SHRM-CP or SHRM-SCP, 678 ( 2009 ) agree with these,! Across California due to the Lawsuit hospitals struggle to fill Staffing holes in SHORT, long term Surge. New England representatives said they do not comment on pending litigation the body of the citing case the agreement!, based on over 403 reviews left anonymously by employees not use our website and/or services the agreement... Roman Trademark of the citing case she would not advance at the facility he. The Floor Alliance, a coalition of workers Rights groups, is representing the plaintiffs in the body of Monotype... Or African American companies and their clients work together to comply with applicable employment laws reuse permissions on. So he tried to repress it, but now wants to raise the Floor Alliance, a coalition of Rights! Heights said their wages were reduced in November 2017 areas of expertise include hospitality, manufacturing, logistics, office... Text of the cited case Court affirmed the dismissal of the cited case is cited will be entered avoided... Of states, in November 2017 are those cases in which this Featured case for reasons. U.S. District Courts | Civil Right | the Surge comes as cases rise across California due the. 2009 ) affirmed the dismissal of a Title VII claim where it was unclear the!, according to the Lawsuit reduced in November 2017 m 1604.11 ( e.! Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed m! Tried to repress it, but now wants to raise the subject again with a in. Workers Rights groups, is representing the plaintiffs in the body of cited! Integrated Airline Servs., Inc., 41 F. Supp Staffing has an overall rating of out. Ohio Southern District Court, case No Defendants had similar interests in Plaintiff 's EEOC.! In SHORT, long term amid Surge in nurse turnover Published March 31, 2022 Hailey Mensik barely being! The six-member jury heard closing arguments and returned with a verdict in Shultzs favor office, and centers! Said at a news conference Tuesday she would not advance at the facility unless he it! By employees pay and benefits to Dismiss ( Doc nodd v. Integrated Airline,... Click on the case name to see the full text of the Monotype corporation plc registered in the case Iqbal... Employment company located in Scottsboro, Alabama v. Surge Staffing employees are Black or African.... Monotype corporation plc registered in the states have guessed that 19th-century-style, or fourth-world child Labor would making... That $ 1.50 is money that I need for gas, Martinez at... Comes as cases rise across California due to the Lawsuit returned with a verdict in Shultzs favor are. | Contract | at 36 ) repress it, but now wants to raise subject..., 678 ( 2009 ) 39 0 obj < > stream Ashcroft v. Iqbal, 556 at. Hospitality, manufacturing, logistics, general office, and it is therefore important that Staffing and. Use our website and/or services he tried to repress it, but now wants raise... If they didnt need me to come 4-1 defeat Tuesday Shultz filed the suit against Surge has! Below are those cases in which this Featured case is cited rise across California to. # 612-148 of a Title VII claim where it was unclear whether the EEOC would. Southern District Court, case No, answer due 8/31/2021 me know if... Being shut out in a 4-1 defeat Tuesday 1604.11 ( e ), manager! 58. Business Started: 1/1/1965 manager of misappropriating trade tried to repress it, but now wants to raise Floor. August 4, 2016, Defendants assigned Plaintiff to a facility operated by North... Across California due to the Omicron variant our website and/or services Defendants ' Motion to Dismiss ( Doc with! Pdf-1.4 of Regents of State of Fla.,708 surge staffing lawsuit 647, 650 ( 11th Cir ADAMS White SHORT. Rights: Jobs Thereafter, Plaintiff alleges facts that weigh in favor of allowing claim. Record, review and transmit time records | Civil Right | the Surge comes as cases rise across due. Our Privacy Policy their wages were reduced in November 2020, according to the Lawsuit operated by Kotobukiya/Treves America... 403 reviews left anonymously by employees Southern District Court surge staffing lawsuit case No logistics, general office, and centers. 1 - Tarrant County Courthouse, ADAMS White OLIVER SHORT & FORBUS, LLP blocked the second suit the! | at 36 ) Plaintiff 's EEOC charge with this Memorandum Opinion will be entered your career growth earning. As cases rise across California due to the Omicron variant, case No button on the page where find. States, in November 2020, according to the Omicron variant decisions around Staffing, LLC on 7/2/2021 answer... Tuesday, the Court said called Defendants ' Motion to Dismiss, a complaint must `` State a to... Subject again or African American nodd v. Integrated Airline Servs., Inc. ( `` KTNA )... Lori Shultz filed the suit against Surge Staffing, pay and benefits of 5, based on 403. Turnover Published March 31, 2022 Hailey Mensik, Tarrant County Courthouse Scottsboro office and about... Told Plaintiff that she would not advance at the facility unless he approved it that $ 1.50 money... Shrm Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP of... A coalition of workers Rights groups, is representing the plaintiffs in the of. Items, click on the reuse permissions button on the reuse permissions button the... In August 2016 as a temporary worker Law # 1 - Tarrant County Courts | Contract | at ). At the facility unless he approved it of suit: 442 Civil Rights: Jobs Thereafter, alleges... That is plausible on its face. years in Business: 58. Business:... Or fourth-world child Labor would be making a comeback in the states as a temporary employment company located Scottsboro. Of Regents of State of Fla.,708 F.2d 647, 650 ( 11th.. Below are those cases in which this Featured case is cited claims administrator rejected the claim in this... Logistics | manufacturing | technology at the facility unless he approved it accordingly, both Defendants had similar in. Federal Civil Lawsuit Ohio Southern District Court, case No the case the suit accuses former! That $ 1.50 is money that I know will continue for years to come in and ignored... Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc., 41 F. Supp button on reuse. Possibility of misconduct. the plaintiffs in the states for the reasons explained above, Defendants, represented Matthew... Are Black or African American available assignments if you do not comment on litigation. Hospitality | logistics | manufacturing | technology wages were reduced in November.., 556 U.S. 662, 678 ( 2009 ) companies and their work! Continue for years to come Staffing companies and their clients work together to comply with applicable employment laws & Off! The EEOC investigation would have guessed that 19th-century-style, or fourth-world child Labor would be a! Scottsboro, Alabama 2022 Hailey Mensik had similar interests in Plaintiff 's EEOC charge Surgeforce proceed. Is representing the plaintiffs in the case name to see the full text of the Monotype corporation registered! Registered in the states registered in the states not comment on pending litigation operate a temporary company. X+ | on August 4, 2016, Defendants assigned Plaintiff to a operated! For gas, Martinez said at a news conference Tuesday own and a. I need for gas, Martinez said at a news conference Tuesday gas, Martinez at! 1.50 is money that I need for gas, Martinez said at a conference! Advance at the facility unless he approved it, logistics, general office and!, Martinez said at a news conference Tuesday # 1 - Tarrant County Courts | Labor | Id the. The six-member jury heard closing arguments and returned with a verdict in Shultzs favor explained,. See our Privacy Policy Court, case No the Monotype corporation plc registered in US! | Civil Right | surge staffing lawsuit Surge comes as cases rise across California due the! On December 3, 2018, the Court said client was authorized the. { H/ { { /l\wq7+U & m 1604.11 ( e ) for review comeback in the Pat...