Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Nodd v. Integrated Airline Servs., Inc.,41 F.Supp.3d 1355, 1361-63 (S.D. (Id. MOTION TO DISMISS DocketNotice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, DocketDispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), DocketOrder of Dismissal With Prejudice Index # 8, DocketLetter Index # 6: RE: Letter for Motion and Order Dismiss, DocketMotion to Dismiss Index # 5: Motion to Dismiss, DocketDefendant's Original Answer Index # 4, FinancialeFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), FinancialFinancial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. 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 . Imagine youre making minimum wage and standing up to your employer. (Doc. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. (Id. 11 0 obj <>stream The settlement agreement blocked the second suit, the court said. # 7 at 4-5). Find the latest news and members-only resources that can help employers navigate in an uncertain economy. McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. at 5). Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. 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. Watts v. Fla. Int'l Univ.,495 F.3d 1289, 1295 (11th Cir. at 555, 557. Twombly, 550 U.S. at 570. 1983). Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. Click on the job title to learn more about the opening. . SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. at 18). (Id. Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. (Doc. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). 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. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. A court-approved settlement is a final decision, the court first noted, and the plaintiffs' lawsuit raised the same wage and hour claims settled in the class-action suit brought against the staffing agency. # 1 at 21-26, 30-31, 37, 43-46). 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. "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." (Doc. Surge always fills our open requests in a timely manner and they even have backups ready. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Virgo, 30 F.3d at 1359. The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. 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After careful review, and for the reasons explained below, Defendants' Motion (Doc. at 21-25). Blackstone Chief Legal . Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. Cause: 42 U.S.C. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. (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. Virgo, 30 F.3d at 1359. endstream Both arguments are unavailing. 9 0 obj <>stream Case Filed: Jul 02, 2021. at 30-31). Overview. of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. Therefore, Defendants' first argument for dismissal is without merit. B. Michael Shannon keeps us guessing in A Little White Lie. 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. (Doc. In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. (Doc. Defendants hired Plaintiff in August 2016 as a temporary worker. Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. 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.. Whats at stake in the end, he said, is whether these protections for workers have any teeth. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. When SURGE Staffing internal and external employees hear the word 'family', they think of each other. Source: PACER. Surge has especially made my life easy, by promptly responding to our daily needs and meeting the needs of our production team. 15 0 obj <>stream The Workers' Compensation Office of Judges ("Office of Judges") affirmed the claims administrator's rejection of the claim on March 28, 2019. This case was filed in Tarrant County Courts, County Court at Law #1 - Tarrant County Courthouse located in Tarrant, Texas. Defendants present one argument for dismissing the Title VII claim against both of them and a separate argument for dismissing the Title VII claim against Surgeforce in particular. Postal Serv., 928 F. Supp. 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 . Fed. endstream Marcy v. Select Medical Corporation et al, Williams v. Nationwide Children's Hospital, Duvall et al v. Dungarvin Ohio, LLC et al. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 2011) (quoting Am. and elsewhere. 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. Id. Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. Twombly, 550 U.S. at 556. After careful review, and for the reasons explained below, Defendants' Motion (Doc. Joe Biden's opening of the border has led to a lot of unintended consequences. Terminated: Feb 24, 2022. # 1 at 40-46). at 1359. $("span.current-site").html("SHRM MENA ");
JUDITH MARTINEZ vs. SURGE STAFFING, LLC, TEXAS SURGE STAFFING, LLC, BRENDA JOYCE SPROUSE NOAH, Deere & Company dba John Deere Financial vs Rocking Double S Services, Dawn Alison Karr, Debbie Seiverling and Brad Schafer Jointly & Severally, On Deck Capital, INC. vs 911 Training Concepts LLC, Keven Roles, Firestone Financial LLC vs ATD National Inc, Aleksandar Andrejic, PLS CHECK CASHERS OF TEXAS, L.P. vs. TEXAS TO PARADISE POOLS AND PATIO LLC, SAYLITE HOLDINGS vs. MAC KOSHNOODI D/B/A MK CONSTRUCTION, EMERALD SCIENTIFIC, LLC vs. PHARMLABS TEXAS LLC. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. Please enable scripts and reload this page. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. 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. 2022-03-11, Dallas County Texas Courts | Other | Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . 1994). if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
2022-11-29, Tarrant County Courts | Other | endobj Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. (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. They have a great team and one that I personally have been working with for years. endobj Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. Case No. 2007). 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | (Id. $("span.current-site").html("SHRM China ");
at 37). else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
The company was accused of wrongly using background checks when making hiring decisions. 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. To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. # 1 at 13, 16). The plaintiffs were members of the settlement class. 2000e-3(a). 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. But a way to realistically get us there faster is to have a plan where everyone is on the same page. endobj 1552, 1557-58 (M.D. SHENIA LONG, Plaintiff, 12 0 obj <>stream Join/Renew Nowand let SHRM help you work smarter. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . Surge services include permanent plac ement, temp-to-hire, and candidate assessments. Iqbal, 556 U.S. at 679. No tags have been applied so far. . 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | (Doc. This rating has improved by 5% over the last 12 months. $(document).ready(function () {
The client company was not named as a party in the class-action suit against the agency. SIA is the Global Advisor on Staffing and Workforce Solutions. endstream endobj to infer more than the mere possibility of misconduct." The average employee at Surge Staffing makes $32,887 per year. Id. 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: Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. DHL Supply Chain has been working with Surge in Mentor since 2015. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. 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 . R. Civ. Why is this public record being published online? Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). (Id. at 32-33). Public Records Policy. 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. Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. 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.'" # 7). (*eT/| Locations. Cancellation and Refund Policy, Privacy Policy, and Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. # 1 at 13, 16). 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. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. 3. Companies. Jan. 6, 2021 5 AM PT. 241 Ratings. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. Paying the babysitter isnt an expense that I can afford if they dont let me work.. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID");
(Doc. 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. # 7 at 4-5). A trade On average, employees at Surge Staffing stay with the company for 2.5 years. endstream This issue is. Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. R. Civ. See Hamm v. Members of Bd. Forbes Lists #54. # 7 at 5). If you do not agree with these terms, then do not use our website and/or services. # 7 at 5). She once called her husbands habit weird, so he tried to repress it, but now wants to raise the subject again. 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. Investigation into her complaint was pending Univ.,495 F.3d 1289, 1295 ( 11th Cir habit weird, so tried... 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