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Update in Staffing Specialist and Talent Advisor Overtime Lawsuit Against Surge Staffing

update-in-staffing-specialist-and-talent-advisor-lawsuit-against-surge-staffing

Our skilled wage and hour lawyers have secured a major update in the ongoing misclassification and unpaid overtime case against Surge Staffing involving Staffing Specialists or Talent Advisors. The Court has recently ruled that there is a strong likelihood that Surge Staffing’s Staffing Specialists and Talent Advisors over the past three years are similarly situated (meaning they performed the same tasks, were subject to the same pay and time policies, and were possibly misclassified and not paid overtime that was due).

What Does This Mean?

Because the Court has found that there is a strong likelihood that these Staffing Specialists and Talent Advisors are similarly situated, it ordered that all Staffing Specialists and Talent Advisors who worked for Surge Staffing between December 4, 2020 and September 12, 2023 be sent notice of this lawsuit and given the opportunity to join the lawsuit. If you began your employment with Surge Staffing after September 12, 2023, you may not receive notice because Surge Staffing may have required you to sign an arbitration agreement.

This notice will be sent out to all eligible Staffing Specialists and Talent Advisors by email and U.S. mail, and the consent form attached to the notice must be returned by the deadline included in the notice and consent in order to join the case.

What Could I Receive If I Join the Lawsuit?

If you are eligible to participate in the lawsuit and choose to join, you will be entitled to share in any settlement or judgment that is received. If we can demonstrate that you were not properly paid for all overtime work performed for one or more reason(s), the law provides that you could receive the following: (1) unpaid overtime for up to the last three years of work; (2) liquidated damages in an amount equal to the unpaid overtime (i.e., the potential for double [2x or 200%] damages); (3) attorneys’ fees and costs; and (4) other miscellaneous relief.

In this case, we are seeking all of the unpaid overtime that Staffing Specialists and Talent Advisors incurred over the applicable timeframe covered by the case and liquidated damages, fees, costs, and other relief provided under the law.

Participants in the Lawsuit are Protected from Retaliation

Federal Law prohibits Surge Staffing from taking any adverse action against you for joining or participating in the case, which means that you cannot be fired, sued, demoted, punished, suffer reduced hours, or otherwise be discriminated against for participating in this lawsuit. If you believe that you have been discriminated against or disciplined in any way as a result of your considering whether to join or actually participating in this lawsuit, you should contact our office.

What If I Did Not Receive a Notice and Consent Form?

If you did not receive a copy of the Court-Approved Notice, that does not necessarily mean that you cannot participate in the lawsuit. The notice is being sent by mail and email. Regarding the mailed notice, Surge Staffing may not have provided your current mailing address, or the notice may get lost. As with the mail, you may not receive the email notice because Surge Staffing may not have provided your current email address, or Surge may not have provided an email address at all. If the notice was emailed to the correct address, it may also get stuck in a “spam” or “junk” folder even though the notice and consent are Court-ordered documents and not solicitations. Additionally, in many cases, some individuals are otherwise eligible to join who are left off of the notice list for unknown reasons. Finally, if you began your employment with Surge Staffing after September 12, 2023, you may not receive notice because Surge Staffing may have required you to sign an arbitration agreement. If you began your employment with Surge Staffing after September 12, 2023, you can contact our office to discuss your rights and determine your options to recover unpaid overtime.

If you believe that you are eligible to join this lawsuit against Surge Staffing but did not receive a Court-Approved Notice or Consent Form, you should contact our experienced unpaid overtime attorneys at 614-949-1181 or by sending an email to mcoffman@mcoffmanlegal.com to discuss next steps.

Who Should I Contact If I Have Questions?

If you have any questions about this lawsuit, the Court-Approved Notice, or whether you are eligible to participate in this case, you should contact Coffman Legal’s skilled employment lawyers by phone at 614-949-1181 or by email at mcoffman@mcoffmanlegal.com. All phone calls and emails are 100% fully confidential.

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