Frequently Asked Questions
  1. For RNs, Nurse Anesthetists, PAs or EFDAs: What about regular work on Saturdays and Sundays from September 5, 1995 to September 30, 1997?
  2. For RNs, Nurse Anesthetists, PAs or EFDAs: What about regular work on Saturday Shifts (that did not include Sunday hours) since October 1, 1997 to March 30, 2012?
  3. How do I know this is not a scam?
  4. My name and/or address has changed. What should I do?
  5. Does this action include the Monday – Friday differential?
  6. What is this case about?
  7. What is a class action lawsuit and who is involved?
  8. Why is this lawsuit a class action?
  9. Has the Settlement been approved?
  1. What did the plaintiffs ask for?
  2. What happens if I did not submit a claim form?
  3. Do I have a lawyer in this case?
  4. Should I get my own lawyer?
  5. How were the lawyers paid?
  6. How and when will the court decide how much money is owed to each eligible specialized healthcare employee?
  7. Will I get money after the process is completed?
  8. Are more details available?
  9. I have received a Claim Denial Letter.
  10. When can I expect a response on my Claim Denial Dispute/Rejection Response?
  11. Is the review process of my dispute continuing?

BASIC INFORMATION

  1. For RNs, Nurse Anesthetists, PAs or EFDAs: What about regular work on Saturdays and Sundays from September 5, 1995 to September 30, 1997?

    Class Counsel explains this situation as follows: If you regularly and customarily worked every Saturday and/or every Sunday, or even every other Saturday and/or Sunday, between September 5, 1995 and September 30, 1997, a special rule applies.

    In that situation during that two-year period between 1995 and 1997, the VA did not pay you correctly if instead of actually working those regular and customary Saturday and Sunday shifts, instead you used annual leave, or sick leave, or other forms of paid leave such as military reserve training leave. The VA did not include the 25% premium pay that you were regularly paid for working on Saturdays and Sundays whenever you used paid leave on those days. The VA “underpaid” you during those pay periods because the law required that you be paid the same amount of pay whenever you used “leave with pay” as you would have received if you worked your regular and customary shift schedule. So, if you took annual leave or sick leave on Sunday to attend a wedding, for example, or because you were sick that day, or you took paid annual leave for the whole week which would have included your regular Sunday shift during the period from September 5, 1995 and September 30, 1997, the VA underpaid you for that pay period. The same is true for paid leave taken then on Saturday. Or, if you used 16 hours, or 8 hours, of paid leave on a Saturday or Sunday that you would have regularly worked that week, the VA underpaid you. The VA owes you an amount of back pay equal to the 25% weekend premium pay that you should have been paid, plus interest since 1995-1997. The Claim Form on this website covers this specific situation, so please click on the Claim Form in order to file your claim if you worked regularly on Saturdays or Sundays between September 5, 1995 and September 30, 1997. This rule applied to Sunday work back then because a special law was in effect during that period only that you should have been paid those Sunday premiums of 25% in addition to your basic pay if you used paid leave instead of working your regular Sunday shift. In October 1997, Congress repealed the law that required this payment of Sunday premium pay, and therefore it has not been legally required since October 1997.

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  2. For RNs, Nurse Anesthetists, PAs or EFDAs: What about regular work on Saturday Shifts (that did not include Sunday hours) since October 1, 1997 to March 30, 2012?

    Class Counsel explains this situation as follows: The VA did not pay you the 25% weekend premium when you used annual leave, sick leave, or military training leave or jury duty leave instead of performing work on your regular Saturday shifts (that did not include Sunday hours) from October 1, 1997 to the present time. Therefore, during the period from October 1, 1997 until the present time, the VA should have paid you the 25% Saturday premium if you regularly and customarily worked on Saturday shifts (that did not include Sunday hours) but you took paid leave during those hours. While Congress changed the law in October 1997 affecting Sunday premium pay in this situation, it did not change the law dealing with paid leave used instead of working your regular Saturday shifts (that did not include Sunday hours.)

    Therefore, if you regularly and customarily worked on Saturdays (on shifts that did not include Sunday hours) anytime between October 1, 1997 and the present time and you used paid leave instead of working those Saturday hours, the VA owes you back pay and interest equal to the 25% Saturday premium pay that you were not paid. The Claim Form covers this specific situation too, so please click on the Claim Form in order to file your claim if you regularly and customarily worked on Saturdays between October 1, 1997 and the present time.

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  3. How do I know this is not a scam?

    The United States Court of Federal Claims in Washington, D.C. has approved the presentation of the notice to VA employees. The Administrator who maintains the claim forms with employees’ Social Security Numbers is a professional corporation that has performed this task in many cases because it has been appointed by judges to do so. It has never leaked or disclosed any Social Security Number or personal information as it has made specific agreements with the courts to maintain such personal information in the strictest confidence.

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  4. My name and/or address has changed. What should I do?

    If your name and/or address has changed, please call the Claims Administrator at (866) 329-9936 or send a letter to:

    Quimby Class Action Administrator
    P.O. Box 6515
    Portland, OR 97225-6515

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  5. Does this action include the Monday – Friday differential?

    The Monday - Friday night differential (as well as the night differential on weekends and Saturday premium pay) for hours between 6 pm and 6 am that was lost whenever you used paid leave is covered in the action for “hybrid” employees in the second and third occupational groups on the website, but not for RNs, Nurse Anesthetists, PAs, and EFDAs.

    RNs, Nurse Anesthetists, PAs, and EFDAs are covered for premium pay that was lost whenever they used paid leave instead of working Saturday shifts from September 5, 1995 to March 30, 2012 and Sunday shifts from September 5, 1995 and September 30, 1997.

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  6. What is this case about?

    This lawsuit is about whether the VA violated federal pay statutes by failing to pay “premium pay” to specialized health care employees who used annual leave, sick leave, or other forms of paid leave instead of performing work in the situations described here. The Court has decided that the VA has violated the law. The Court now will decide how much back pay and interest is owed by the VA to each one of the eligible employees who filed the “Claim Form” indicating that they wanted to be included in the lawsuit.

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  7. What is a class action lawsuit and who is involved?

    In a class action lawsuit, one or more people called “Class Representatives” (in this case, several RNs and specialized health care employees of the VA) sued on behalf of other employees who have similar claims. The entire group of employees together is called a “Class,” or “Class Members.” The people who sued – and all Class Members like them – are the “Plaintiffs” in the case. In this case, the United States of America, on behalf of the VA, is the “Defendant.” The United States Court of Federal Claims in Washington, D.C. will resolve the issues for everyone who submitted a Claim Form.

    Those individuals who did not submit a Claim Form will be excluded forever from the Class in this case.

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  8. Why is this lawsuit a class action?

    The Court decided that this lawsuit can be a class action and move towards the computation of individual damages consisting of back pay and interest because it meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims. On March 27, 2008, the Court ruled that this case could be maintained as a class action and determined the following:

    • The potential Class is so numerous that joinder of all members is impracticable;
    • There are questions of law and fact common to the Class;
    • The Plaintiffs’ claims are typical of the claims of the rest of the Class;
    • The Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the interests of the Class;
    • The common legal questions and facts predominate over any questions affecting only individual Class Members; and
    • Class action will be more efficient than having many individual lawsuits.

    For more information, see the Court’s March 27, 2008 Order, which is available on the documents page, or at the Court.

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THE CLAIMS IN THE LAWSUIT

  1. Has the Settlement been Approved?

    Yes, the Settlement has been approved. You may view the Final Settlement Agreement for more information.

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  2. What did the plaintiffs ask for?

    The Plaintiffs asked for money damages as back pay for the amount of “premium pay” that they claim was not paid to all eligible specialized health care employees who filed a Claim Form as Class Members, plus interest to be paid to all those Class Members. You may have been eligible for substantial back pay and interest, depending on your job classification, pay grade, how many nighttime hours between 6 p.m. and 6 a.m. and/or weekend shifts you worked, and how many hours of annual leave, sick leave, military leave, or court or witness leave you used during the periods noted in this chart . Some Class Members may be entitled to more or less depending on their individual circumstances.

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YOUR RIGHTS AND OPTIONS

  1. What happens if I did not submit a claim form?

    If you did not submit a Claim Form directly by the Internet or by mail you will be barred from participating as a Class Member in this case and you will not receive any monetary recovery from either a trial or settlement. However, you retain the right to sue the VA on your own about the same legal claims that have been alleged in this lawsuit and you will not be legally bound by the Court’s judgment in this class action. If you decide to pursue your claim independently, outside this class action, we encourage you to do so immediately and consult with your personal attorney immediately because certain statutes of limitations may bar or limit your claims. You are entitled to enter an appearance in this matter through private counsel if you desire. If you choose to hire your own lawyer, you will personally have to pay that lawyer.

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THE LAWYERS REPRESENTING YOU

  1. Do I have a lawyer in this case?

    The Court decided that Class Counsel is qualified to represent you and all Class Members. Class Counsel is experienced in handling similar cases against the United States and other employers. Address all your questions only to the Administrator at the address noted below. Do not call or write the United States Court of Federal Claims.

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  2. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, you are permitted to hire your own lawyer if you would like to do so. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. However, if you choose to hire your own lawyer, you will personally have to pay that lawyer.

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  3. How were the lawyers paid?

    Class Counsel succeeded in recovering back pay and interest money for the Class. They asked the Court for their fees and expenses. The Court granted Class Counsel’s request, and the fees and expenses were deducted from the money obtained for the Class. As the Class Counsel’s fees and expenses were paid out of the money obtained for the Class, there will be a reduction in the amount available for distribution to Class Members, and it may reduce the amount of money you may be awarded. In no event will you be asked to pay Class Counsel directly (“out of pocket”) to pay their fees and costs. However, as mentioned in the answer to question 13, if you choose to hire your own lawyer, you will personally have to pay your own lawyer.

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THE PROCESS OF DETERMINING INDIVIDUAL DAMAGES

  1. How and when will the court decide how much money is owed to each eligible specialized healthcare employee?

    The Court has resolved the Settlement and the process of determining individual back pay and interest is under way. Please be patient.

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  2. Will I get money after the process is completed?

    You will be notified of the amount of your award if you are eligible to receive back pay and interest and if the United States pays money as a result of a trial or a settlement. The independent Administrator will send you a check. We do not know how long this will take.

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GETTING MORE INFORMATION

  1. Are more details available?

    For more information about this lawsuit, you may view the important documents maintained by Class Counsel on this website or you can contact the Administrator at:

    Quimby v US Administrator
    P.O. Box 6515
    Portland, OR 97228-6515

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  2. I have received a Claim Denial Letter.

    You have received a letter saying that you are not qualified to participate in this lawsuit based on your VA records. This was determined based on the lack of qualified hours in your pay records when you used annual leave, sick leave, court leave, or military reserve leave in place of working shifts that you customarily and regularly worked at night and/or on Saturday. The decision of the court was based only on whether the employee used paid leave instead of working regularly scheduled night and/or Saturday shifts. Unfortunately this decision is final and no further appeals will be accepted. If you have any questions please send us a letter at Quimby Class Action Administrator PO Box 6515, Portland, Oregon 97228-6515 or email us at administrator@vabackpay.com.

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  3. When can I expect a response on my Claim Denial Dispute/Rejection Response?

    All appeal determinations have been reviewed and each claimant has been notified by mail.

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  4. Is the review process of my dispute continuing?

    All appeal determinations have been reviewed and each claimant has been notified via mail. Please review the mailing that you were sent to confirm if you were approved or denied. Unfortunately the decision is final and no further appeals will be accepted moving forward.

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This website will be updated periodically with new developments in the Settlement. Capitalized terms have the same meanings as those used in the Settlement Agreement, a copy of which may be found on this website.

NOTICE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.

Questions? Contact the Settlement Administrator at (866) 329-9936