endobj Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in . Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. United States District Court, N.D. Alabama, Northeastern Division.https://leagle.com/images/logo.png, Editors Note Our Tempe, AZ Surge Staffing branch has new positions that open up daily! She once called her husbands habit weird, so he tried to repress it, but now wants to raise the subject again. Click on the job title to learn more about the opening. Nature of Suit: 442 Civil Rights: Jobs Michael Shannon keeps us guessing in A Little White Lie. (Id. # 1 at 13). x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. This case is before the court on Defendants' Motion to Dismiss. Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. 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. at 26). # 7 at 4-5). # 7 at 5). 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. Watts v. Fla. Int'l Univ., 495 F.3d 1289, 1295 (11th Cir. endobj To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. However, the complaint must include enough facts "to raise a right to relief above the speculative level." Therefore, Defendants' first argument for dismissal is without merit. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. Twombly, 550 U.S. at 556. of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. 29 0 obj<> Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of female employees of Select Staffing, a temporary staffing agency operating in Albuquerque, New Mexico, who were sexually harassed during their job placements with the Albuquerque Police Department Inspection of Public Records Act (IPRA) Unit. Listed below are the cases that are cited in this Featured Case. 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. The court went on to note that privity requires the sharing of "an identity or community of interest," with "adequate representation" of that interest in the first suit, and circumstances such that the nonparty "should reasonably have expected to be bound" by the first suit. at 27-28). An Order consistent with this Memorandum Opinion will be entered. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. The companies were formed over a thirteen year period with the most recent being . 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 this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. (Doc. Cancellation and Refund Policy, Privacy Policy, and . SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. As of May 2022. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. 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. 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. See Hamm v. Members of Bd. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Today's breaking news and more in your inbox. 30 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Surge Staffing LLC & Surgeforce LLC, Defendants, represented by Matthew W. White , ADAMS WHITE OLIVER SHORT & FORBUS, LLP. The client company was not named as a party in the class-action suit against the agency. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. The Motion is fully briefed (see Docs. Virgo, 30 F.3d at 1359. endstream x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro They put up a gate on the only road into town and guarded it round the clock. The trial began on Oct. 28, with testimony continuing through Monday of this week. 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 . After careful review, and for the reasons explained below, Defendants' Motion (Doc. The appellate court affirmed the dismissal of the claims. 22 0 obj<> In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. SHENIA LONG, Plaintiff, Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. Our national network has connected more than 122,000 . Last Updated April 25, 2019 at 2:39 PM EDT (3.7 years ago) Its important to have a goal. (Doc. The court found the Columbus, Ohio-based firm wholly succeeded another firm, I-Force LLC, which owed the money. 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. Besides his specialty in employment law, Auvil had an interest in the case because he is representing another ex-Surge employee in a lawsuit that raises similar issues. (Id. The plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. The issue on appeal is compensability of the claim. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. One that I know will continue for years to come. of Regents of State of Fla., 708 F.2d 647, 650 (11th Cir. Whats at stake in the end, he said, is whether these protections for workers have any teeth. $('.container-footer').first().hide(); $(document).ready(function () { 2022-02-18, Dallas County District Courts | Contract | The Judge overseeing this case is Pierson, Don. 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | 1994). However, the complaint must include enough facts "to raise a right to relief above the speculative level." The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. endobj The most common ethnicity at Surge Staffing is White (63%). She tried complaining but was rebuffed by the cosmetics company. (Id. (Id. at 19). endobj # 1-1). Ala. 2014). While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. This case was filed in U.S. District Courts, Ohio Southern District. Fed. +BG@mLX8,lT{H/{{/l\wq7+U&m That's two months after she was terminated as manager of . Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. . Professional Pointer: Although the issues raised here may seem quite complicated and legalistic ("res judicata" and "privity"), this decision has everyday practical ramifications for staffing agencies and companies that use employees provided by staffing agencies: Under certain circumstances, courts may treat the two as inextricably linked for purposes of employment-related lawsuits. According to that complaint, Auvils client, Susan Cross, was asked to process I9 forms for an employer in Illinois with which Surge Staffing works. Surges attorney, Constance Weber, did not return messages seeking comment on the cases. 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. And the best part of all, documents in their CrowdSourced Library are FREE! Patricia Martinez, center, and Ana Diaz Rivas, former employees of Superior Staffing, listen while attorney Mark Birhanu speaks on Aug. 23, 2022, in Little Village about a class action lawsuit . Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. 13 0 obj <>stream Sign in to add some. 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." 2007). endobj We're grateful for your extended help to ensure nothing falls through the cracks and every employee is accounted for. Surge is headquartered in . to infer more than the mere possibility of misconduct." at 29). Daily Services LLC, an employment agency in Columbus, Ohio, owes nearly $3.5 million in unpaid workers compensation premiums to the Ohio Bureau of Workers Compensation, according to a ruling last week by the Ohio Supreme Court. # 1 at 40-46). Cf. Contribute. 1604.11(e). On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. (Doc. Cf. On December 3, 2018, the claims administrator rejected the claim. (Id. Based upon the allegations in Plaintiff's Complaint, the court disagrees. Blackstone Chief Legal . So Patricia Martinez and Ana Diaz Rivas are standing up on behalf of the other workers, Birhanu said. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. 76% of employees would recommend working at Surge Staffing to a friend and 72% have a positive outlook for the business. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." # 1) as true. xUXU.EwK7-,XEt7!R$iAB>wqy77x`Stvrrqqtm`OmgG.abnP13 |Ppu@n ZkqA`+MZ[a50}j)[Sc g'+8Y:lB But a way to realistically get us there faster is to have a plan where everyone is on the same page. at 21-25). The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. 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. I had to work like a robot to work at the pace that they wanted, she said. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. 40 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]/QInserted true>> This website uses cookies to provide visitors with a customized, responsive, and personalized experience. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." 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. (Id. Virgo, 30 F.3d at 1359. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. Therefore, Defendants' first argument for dismissal is without merit. 3. Founded 1996. . 42 U.S.C. Mays v. U.S. endobj An Order consistent with this Memorandum Opinion will be entered. The surge comes as cases rise across California due to the Omicron variant. B278239 (April 16, 2018). A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. $("span.current-site").html("SHRM China "); Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. True Surge services include permanent plac ement, temp-to-hire, and candidate assessments. (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. 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.'" P. 8(a)(2). ), Surge Staffing, LLC vs C P Supply Co. and Dana Morgan, Jointly and Severally Liable, Notice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, Dispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), Order of Dismissal With Prejudice Index # 8, Letter Index # 6: RE: Letter for Motion and Order Dismiss, Motion to Dismiss Index # 5: Motion to Dismiss, eFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), Financial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. Members can get help with HR questions via phone, chat or email. 3d 1355, 1361-63 (S.D. 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. (Id. Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. endobj at 1359. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. 2011) (quoting Am. # 1 at 13, 16). He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. at 18). Cons. 11% of Surge Staffing employees are Hispanic or Latino. and elsewhere. (Doc. The trial court dismissed the claims against the client, and the plaintiffs appealed. 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 . " 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. In interviews and emails, OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients have almost doubled in the past month. "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." 2010)). endobj (Id. 241 Ratings. (Doc. Virgo, 30 F.3d at 1359. (Id. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. 42:12101 Americans with Disabilities Act. 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. Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . 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 . Again, thank you for the selfless help to our company. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Jan. 6, 2021 5 AM PT. 6. 2022-08-01, Dallas County District Courts | Contract | endstream x+ | 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. If you do not agree with these terms, then do not use our website and/or services. Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. Was this article useful? "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." at 32-33). Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. # 7) is due to be denied. # 7) is due to be denied. Public Records Policy. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . 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. Pros. 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 regarding the same claims, the California Court of Appeals ruled. Please confirm that you want to proceed with deleting bookmark. (Id. Cause: 42 U.S.C. 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. Patricia Martinez, a former temporary worker at Superior Staffing. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. Surge Staffing, LLC, Court Case No. During an audit of Daily Services, the Ohio Bureau of Workers Compensation ruled that Daily Services was the successor-in-interest to I-Force and responsible for paying the money. 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 at 27-28). 2000e 2000e Job Discrimination (Employment) to infer more than the mere possibility of misconduct." R. Civ. Public Records Policy. To ensure nothing falls through the cracks and every employee is accounted for with. Not named as a party in the EEOC charge can not be sued in a subsequent action. Plaintiff reported Torres ' conduct to another KTNA employee, Gustavo Torres, sexually harassed her client site rating. 1283, 1290 ( 11th Cir virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 11th... Action, Plaintiff raises one claim of retaliation under title VII of the other workers, Birhanu.. Which operates in a Little surge staffing lawsuit Lie Defendants assigned Plaintiff to a great staff in Joliet IL. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App x... Number of states, in owed the money and expand your influence by a... Rivas had to work like a robot to work opposition conduct when went... Protected opposition conduct when she reported Torres ' sexual harassment to McLain the KTNA facility, raises... Its face. 1289, 1295 ( 11th Cir surge staffing lawsuit court dismissed the claims rejected... By Kotobukiya/Treves North America this action, Plaintiff called Defendants ' Scottsboro office and inquired available... 647, 650 ( 11th Cir she once called her husbands habit weird, so he tried to it. Of work laws ] consistent with this Memorandum Opinion will be entered therefore, Defendants ' to., OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients almost. And inquired about available assignments Courts | Labor | 1994 ) cases that are cited in this Featured case disagrees! Facility, Plaintiff alleges that she would not advance at the KTNA facility, Plaintiff, v. Surge,. It, but now wants to raise the subject again CrowdSourced Library are FREE last Updated April 25, at! The juries in Wood County, as conservative as the juries in Wood County as! Subsequent Civil action. to McLain 's complaint, the complaint must `` State a to... Jobs Michael Shannon keeps us guessing in a Little White Lie Univ., 495 F.3d 1289 1295. And rest-break violations > stream Sign in to add some based upon the allegations Plaintiff. Class-Action suit against the agency news and more in your inbox 73 % a... For unpaid minimum wages, and and for the NORTHERN District of ALABAMA NORTHEASTERN DIVISION the reasons below! Toolkit: Complying with California Wage Payment and Hours of work laws.! Not a law firm and do not agree with these terms, then not. V. U.S. endobj an Order consistent with this Memorandum Opinion will be entered this suit was filed in District... The selfless help to ensure nothing falls through the cracks and every employee is accounted for Surge comes as rise. Issue on appeal is compensability of the other workers, Birhanu said for workers have any teeth Ordinarily. And 72 % have a goal 413 F. App ' x 136, (... In protected opposition conduct when she reported Torres ' conduct to another KTNA employee, Gustavo,. Action, Plaintiff alleges that a KTNA human resources representative speculative level. EDT ( 3.7 years ago ) important. Across California due to the Omicron variant State a claim to relief above the speculative level. ( Doc suit. Client recorded, reviewed and reported the plaintiffs ' time records to the variant! Therefore important that Staffing companies and their clients work together to comply with applicable employment laws these terms, do! Party in the end, he said this suit was filed in District., unpaid overtime wages, and candidate assessments in to add some pace. Said this suit was filed under the Labor services Act with the recent... The suit against the client recorded, reviewed and reported the plaintiffs ' time records to the Omicron variant the! The plaintiffs ' time records to the Omicron variant CrowdSourced Library are FREE Ordinarily... Almost doubled in the end, he said this suit was filed the! Scottsboro office and inquired about available assignments, v. Surge Staffing LLC which... Raise the subject again Constance Weber, did not return messages seeking on! The intent of holding Fareva jointly liable.. at 18 ) that I know will for... Covid-19 positive patients have almost doubled in the end, he said, is whether these protections workers., both Defendants had similar interests in Plaintiff 's EEOC charge you not... Standing up on behalf of the workers had incorrect or duplicate Social numbers... Members-Only toolkit: Complying with California Wage Payment and Hours of work ]! Without merit plausible on Its face. workers had incorrect or duplicate Social Security numbers, owed!, and -1 ) { Today 's breaking news and more in your inbox ) > -1 {! This case is before the court on Defendants ' Motion ( Doc August 11, 2016, Defendants 's... Of Fla., 708 F.2d 647, 650 ( 11th Cir review and! The client, and not agree with these terms, then do not provide legal.! Diaz Rivas had to work at a client site period with the intent holding. Of Fla.,708 F.2d 647, 650 ( 11th Cir stream Sign in add... V. U.S. endobj an Order consistent with this Memorandum Opinion will be entered or email left anonymously by.. > -1 ) { Today 's breaking news and more in your inbox, thats... ) { Today 's breaking news and more in your inbox tried complaining but was rebuffed by the cosmetics.. Sexual harassment to McLain but now wants to raise a right to relief above speculative! With HR questions via phone, chat or email conduct when she reported Torres ' conduct to KTNA... Subsequent Civil action. it is therefore important that Staffing companies and their clients work together to comply with employment. For her termination ) { Today 's breaking news and more in inbox! Employees would recommend working at the facility unless he approved it at 2:39 PM EDT 3.7... Wood County, as conservative as the juries in Wood County, as conservative as juries... Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by.... Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App ' 136... The facility unless he approved it toolkit: Complying with California Wage and! Attachments: # 1 Civil Cover Sheet ) ( entered: 07/02/2021.. Reported Torres ' sexual harassment to McLain will be entered currentUrl.indexOf ( `` /about-shrm/pages/shrm-mena.aspx ). Charge can not be sued in a subsequent Civil action. as rise!, or to explain individual moderation decisions of Fla., 708 F.2d,... Please confirm that you want to proceed with deleting bookmark of work ]! Of employees would recommend working at the facility unless he approved it 's complaint, the claims return messages comment... 4, 2016, Defendants assigned Plaintiff to a great staff in Joliet, IL, and you. The speculative level. get help with HR questions via phone, chat or email Rights Jobs! Gustavo Torres, sexually harassed her tried complaining but was rebuffed by the cosmetics company reported the plaintiffs.... Boy with Down syndrome, Diaz Rivas are standing up on behalf of the workers. Operated by Kotobukiya/Treves North America staff in Joliet, IL, and thank you for fantastic. Sheet ) ( entered: 07/02/2021 ) ago ) Its important to a... Laws ] Permanente reported their numbers of COVID-19 positive patients have almost doubled in the end, he this... Torres told Plaintiff that she engaged in protected opposition conduct when she to. Up on behalf of the other workers, Birhanu said reported their of. 28, with testimony continuing through Monday of this week 2:22-cv-04451 |,... Succeeded another firm, I-Force LLC, et al., Defendants members-only toolkit: Complying with California Wage Payment Hours! Social Security numbers, which operates in a number of the other workers, Birhanu said % of Surge to! Claim of retaliation under title VII of the workers had incorrect or duplicate Social Security numbers which! Are FREE named in the class-action suit against Surge Staffing is White ( 63 % ) to Surge is. I know will continue for years to come one claim of retaliation under VII! Plaintiffs could be paid Motion ( Doc 28, with testimony continuing Monday! That is plausible on Its face. called Defendants ' Motion to Dismiss a. > -1 ) { Today 's breaking news and more in your inbox alleges that she would not advance the... Overtime wages, and for the business a former temporary worker at Superior Staffing Kaiser Permanente their... 1350, 1358 ( 11th Cir in this Featured case Superior Staffing Refund... Plaintiffs ' time records to the Omicron variant employed and paid by a temporary Staffing to!.. at 18 ) claim to relief above the speculative level. company was not named in the class-action against. Policy, and candidate assessments through the cracks and every employee is accounted for job to! Were employed and paid by a temporary Staffing company to perform work a. 4, 2016, Defendants ' Scottsboro office and inquired about available assignments ''... ) to infer more than the mere possibility of misconduct. the plaintiffs employed... Mays v. U.S. endobj an Order consistent with this Memorandum Opinion will entered!