Staffing Specialist / Talent Advisor Misclassification and Overtime Lawsuit Filed Against Surge Staffing, LLC
Our experienced misclassification and unpaid overtime attorneys have recently filed a new collective and class action lawsuit against Surge Staffing, LLC alleging that they have misclassified hundreds of employees as exempt from overtime.
On June 30, 2023, the misclassification lawyers at Coffman Legal, LLC filed a new lawsuit against Surge on behalf of all current and former Staffing Specialists and Talent Advisors from the past three years. The lawsuit alleges that Surge misclassified these positions as exempt from overtime and therefore failed to properly compensate its Staffing Specialists and Talent Advisors for all overtime wages in violation of federal and state law.
What are the allegations of the Surge Staffing overtime lawsuit?
The Complaint specifically alleges that Surge has misclassified its Staffing Specialists and Talent Advisors as exempt from the overtime requirements in federal and state law. To be properly classified as exempt, an employee’s primary duty must be the management of an enterprise and they must utilize independent discretion and judgment over matter of significance such as discipline and hiring/firing. They must also be paid a “true salary” that is not subject to variations based on the number of hours worked each workweek.
The lawsuit alleges that Staffing Specialists and Talent Advisors do not meet this standard for exemption because they primarily performed non-exempt duties and the “salary” paid to them by Surge was subject to a reduction based on variation in the number of hours worked each workweek. This misclassification means that Staffing Specialists and Talent Advisors should have been paid overtime compensation for hours worked over forty in a workweek. However, Surge Staffing instead elected only to pay Staffing Specialists and Talent Advisors based on their hours worked up to 40 in a workweek.
This new lawsuit was filed in the U.S. District Court for the Southern District of Ohio, Eastern Division, and is titled Green v. Surge Staffing, LLC, Case No. 2:23-cv-2113. The lawsuit seeks unpaid overtime for the past three years, additional liquidated damages, attorney’s fees, and costs.
Who should I contact with questions about the Staffing Specialist / Talent Advisor Misclassification and Overtime Lawsuit?
If you have any questions about this lawsuit or believe you may be owed unpaid overtime wages because of misclassification or another issue, please contact our office at 614-949-1181 or by sending an email to mcoffman@mcoffmanlegal.com. Our experienced unpaid wages lawyers will be happy to speak with you in a free and fully confidential consultation.
