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If you worked for the Veterans Health Administration during the last four years, you could be entitled to back pay from a class action settlement.
According to the lawsuit, those who worked as either a hybrid or specialized health care employee should have received “night” or “Saturday” premium wages when they took paid leave between July 1, 2012 and Feb. 28, 2016.
Affected VHA employees who file a Claim Form are expected to receive both back pay and interest if the settlement is granted final approval by the Court.
The actual amount each worker receives will depend on the number of hours of annual or sick leave used, as well as your occupation and pay grade.
Those who do not submit a Claim Form by Sept. 16, 2016 will automatically be excluded from the settlement and will not be able to recover any funds in the future from this case.
In the event that an eligible Class Member has died, his/her spouse, children or parents will receive the money on their behalf by filing a Claim Form before the deadline.
Who’s Eligible
Class Members include all individuals employed at the VHA between July 1, 2012 and Feb. 28, 2016 as one of the occupations in either subclass listed below.
Subclass One positions: Certified or Registered Respiratory Therapist; Licensed Physical Therapist; Licensed Practical Nurse; Licensed Vocational Nurse; Pharmacist; Occupational Therapist; Graduate Nurse or Nurse Pending Graduation by the Veterans Health Administration; Audiologist; Audiologist-Speech Pathologist; Speech Pathologist; Biomedical Engineer; Corrective Therapist or Kinesiotherapist; Dental Assistant; Dental Hygienist; Dietitian; Marriage and/or Family Therapist; Licensed Professional Mental Health Counselor; Medical Instrument Technician; Medical Records Technician; Medical Support Assistant; Medical Technologist; Nuclear Medicine Technologist; Occupational Therapy Assistant; Orthotist or Orthotist-Prosthetist; Pharmacy Aid or Pharmacy Technician; Physical Therapy Assistant; Prosthetic Representative; Psychologist; Diagnostic Radiologic Technician or Technologist; Therapeutic Radiologic Technician or Technologist; Social Worker; Blind Rehabilitation Specialist or Blind Rehabilitation Outpatient Specialist; Medical Support Assistant; Nursing Assistant; Therapeutic Medical Physicist or Medical Physicist; and
- Who regularly and customarily worked on a tour of duty any part of which was within the period beginning 6 p.m. and ending 6 a.m., and/or on a tour of duty any part of which was within 12:00 midnight Friday and ending 12:00 midnight Saturday (not including any Sunday hours)
- Who received night differential pay of 10% and/or Saturday premium pay of 25% or more, pursuant to 38 U.S.C. §§ 7454(b)(1), (b)(2), for each such hour of service between 6 p.m. and ending 6 a.m., and/or for each such hour of service between 12:00 midnight Friday and 12:00 midnight Saturday (not including any Sunday hours)
- Who received pay during periods of authorized paid leave, pursuant to 5 U.S.C. §§ 6301–6391, for any part of a tour of duty between 12:00 midnight Friday to 12:00 midnight Saturday (not including any Sunday hours) that was reduced in an amount equal to the Saturday premium pay to which such employees would have been entitled, if they performed regular and customary work on Saturdays instead of using authorized paid leave
- Hybrid employees who were designated to receive premium pay on the same basis as nurses, who received pay during periods of authorized paid leave, pursuant to 5 U.S.C. §§ 6301–6391, for any part of such tours of duty between 6 p.m. and 6 a.m., that was reduced in an amount equal to the night differential pay that VA employees would have been entitled, if they performed regular and customary work at night, instead of using authorized paid leave
Subclass Two positions:
Series 0060, Chaplain; Series 0101, Social Science; Series 0102, Social Science Aid and Technician; Series 0181, Psychology Aid and Technician; Series 0184, Sociology; Series 0186, Social Services Aid and Assistant; Series 0187, Social Services; Series 0188, Recreation Specialist; Series 0189, Recreation Aid and Assistant; Series 0401, General Biological Science; Series 0403, Microbiology; Series 0404, Biological Science Technician; Series 0405, Pharmacology; Series 0413, Physiology; Series 0415, Toxicology; Series 0601, General Health Science; Series 0625, Autopsy Assistant; Series 0636, Rehabilitation Therapy Assistant (Except for Occupational Therapy Assistant and Physical Therapy Assistant); Series 0637, Manual Arts Therapist; Series 0638, Recreation/Creative Arts Therapist; Series 0639, Education Therapist; Series 0640, Health Aid and Technician (Except for Certified Respiratory Therapist); Series 0645, Medical Technician; Series 0646, Pathology Technician; Series 0651, Respiratory Therapist; Series 0664, Restoration Technician; Series 0670, Health System Administration; Series 0671, Health System Specialist; Series 0673, Hospital Housekeeping Management; Series 0683, Dental Laboratory Aid and Technician; Series 0690, Industrial Hygienist; Series 0698, Environmental Health Aid and Technician; Series 0699, Student Nurse Technician (Title code 63 only); Series 0701, Veterinary Medical Science; Series 0704, Animal Health Technician; Series 1020, Medical Illustrator; Series 1060, Photographer (Medical); Series 1301, General Physical Science; Series 1306, Health Physics; Series 1310, Physics; Series 1311, Physical Science Technician; Series 1320, Chemistry; Series 1601, Biomedical Equipment Support Specialist; Series 1725, Public Health Educator; Series 1910, Quality Assurance; and
- Who regularly and customarily worked on a tour of duty any part of which was within the period beginning 12:00 midnight Friday and ending 12:00 Saturday
- Who received premium pay of 25% or more, pursuant to 38 U.S.C. § 7454(b)(3), for each such hour of service between 12:00 midnight Friday and 12:00 midnight Saturday
- Who received pay during periods of authorized paid leave, pursuant to 5 U.S.C. §§ 6301–6391, for any part of a tour of duty from 12:00 midnight Friday to 12:00 midnight Saturday that was reduced in an amount equal to the Saturday premium pay, pursuant to 38 U.S.C. § 7454(b)(3), to which such employees would have been entitled, if they performed their regular and customary work on Saturdays, instead of using authorized paid leave
Those who are unsure if they qualify as a Class Member may call the Claims Administrator at 1-877-810-7928.
Potential Award
Varies.
If the Court approves this settlement, Class Members who submit a valid and timely Claim Form will receive a proportionate amount of the settlement fund based on the differential pay that each Class Member should have received. This includes paid leave, plus interest and less the costs of litigation.
Proof of Purchase
N/A.
Class Members are required to submit a Claim Form no later than Sept. 16, 2016. Those who do not file a Claim Form will automatically be excluded from this case and will not be able to recover any back pay.
Claim Form Deadline
09/16/2016
Case Name
DeMons, et al. v. United States, Case No. 13-779C, in the U.S. Court of Federal Claims in Washington, D.C.
Settlement Website
Claims Administrator
DeMons Claims Administrator
P.O. BOX 4349
Portland, OR 97208-4349
1-877-810-7928
Administrator@MyLeavePay.com
Class Counsel
Ira M. Lechner, Esq.
Defense Counsel
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5 thoughts onVeterans Health Administration Leave Pay Class Action Settlement
I received a check for $263.46;Net wages came to $223.09 after defuctions.Interest received was a mere $40.37.It’s hard to believe from the years 2012 to 2016,the interest would be so little.Sounds like there’s a weasel in the hen house!
I think it’s so unfair if you knew nothing about this lawsuit or about opting into it but yet you can’t claim what’s due to you. I didn’t have to opt in for them to take wages that was rightfully mines. Something needs to be done about this situation.
The settlement website is still active: https://www.myleavepay.com/Home/ContactUs. You can try contacting the settlement administrator with your questions. You can also contact class counsel with your concerns. Counsel is listed in the article and on the settlement website and can be Googled for contact information.
I’ve contacted the settlement administrator & was told that since I didn’t opt it, I can’t receive any of the settlement funds which I think is a bunch of crap. The person I spoke with also told me that I was sent a postcard to opt in that I would probably think was junk mail & overlook & throw in the trash. I replied by letting her know that I never received a postcard & that I read all my mail whether its junk mail or not. This situation should’ve been handled differently. Letters and/or emails should’ve been sent out. This matter needs to be looked into further.
Then you should contact class counsel. Counsel is listed in the article and on the settlement website and can be Googled for contact information.