Katherine Webster  |  November 5, 2021

Category: Labor & Employment

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George E. Wahlen Department of Veterans Affairs Medical Center in Salt Lake City - va nurses
(Photo Credit: Chad Robertson Media/Shutterstock)

VA Nurses Overtime Class Action Overview:

  • Who: U.S. Department of Veterans Affairs nurse practitioners and physician assistants
  • Why: The VA nurses claim they were made to work overtime but were not paid accordingly.
  • Where: United States

A federal judge has approved a $160 million settlement in a class action lawsuit brought by nurses with the U.S. Department of Veterans Affairs (VA) who claim they were made to work overtime but did not receive appropriate pay.

The settlement is “amongst the largest that has been reached in an overtime case involving federal employees,” Judge Elaine D. Kaplan wrote in her approval of the settlement.

The VA nurses alleged they were expected to work off the clock in the VA’s Computerized Patient Record System, or CPRS, according to court documents.

About 3,200 Class Members were compelled to work overtime updating patient records and monitoring and responding to patient-related notifications in the CPRS but were not paid for that time, according to a news release.

The lawsuit was filed in December 2012, according to the Court’s settlement approval order, and moved into settlement discussions eight years later, in December 2020.

Under the terms of the settlement agreement, the U.S. government will pay $160 million to resolve the plaintiff’s claims and cover attorneys’ fees and other costs.

The amount paid to individual plaintiffs will be based on the number of hours they worked in excess of 40 each week during the Class Period, multiplied by their overtime pay rate.

The minimum payment a Class Member will receive is $250. The payments will be subject to federal tax withholdings.

If there are no appeals following the final approval order, Class Counsel believes payments will begin within 45 days. 

Each Class Member will receive two checks: one for backpay and one for interest.

The deadline to opt in to the lawsuit was Jan. 15, 2019.

Are you one of the VA nurses affected by the settlement? Tell us what you think in the comments below.

The plaintiffs are represented by Michael Hamilton and Guy Fisher of Provost Umphrey Law Firm LLP, Douglas Richards of E. Douglas Richards PSC, Robert Stropp Jr. of Mooney Green Saindon Murphy & Welch PC, William H. Narwold of Motley Rice LLC, and Bennett Allen of Cook Allen & Logothetis LLC.

The VA Nurses Overtime Class Action Lawsuit is Stephanie M., et al. v. The United States of America, Case No. 1:12-CV-00920, in the U.S. Court of Federal Claims.


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6 thoughts onJudge Approves $160M Settlement In VA Nurses’ Overtime Class Action

  1. David says:

    Amazing thing is after $160,000,000 payout the VA has not changed their ways. I am still working unpaid overtime. Which is the reason a second class action suit was started and will cost them a lot more.

  2. BAL says:

    Still waiting for payments to begin 2/11/2022. Law firm says waiting on VA to start paying. Welll as slow as they are paying bills, 45 days means 45 years!

    1. Linda says:

      I am happy about the results also. I called this number, was told that it may be some time this summer before disbursement is completed. I know we can continue waiting. No one can give the same answer to the question. When will the disbursements start?

      Phone (toll-free)
      1-888-594-2070

  3. BAL says:

    But now it is 1/31/2022 and still haven’t already received settlement payments. Lawyers blame the VA and Dept of Treasury. So much for the 45 days back in November for payments to begin.

  4. Carol L Dunaway says:

    So glad to see the suit was settled in our favor. I certainly understand the objections of folks that worked in the CAPRI system (as I did at times) and hope they pursue compensation from that system as the judge instructed they may do so. I have not seen any objections to the final ruling, but am waiting to see if they are filed and not yet published.

  5. Suzanne Opperman, APRN says:

    It is now December 18, 2021. The final ruling by the Judge was 11/5/2021. Were there any further objections by the Department of Veterans Affairs??

    Never thought anything would happen like this! It’s amazing! We weren’t even allowed to claim “comp” time, but health care providers put patients’ first so we continued to do what was right for Veterans care.

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