Case 1:11-cv SGB Document 47 Filed 01/30/2015

Transcription

1 The United States Court of Federal Claims If you are or were a part-time employee of the United States Department of Veterans Affairs, a class action lawsuit may affect your rights. A court authorized this notice. This is not a solicitation from a lawyer. Employees have sued the United States (hereinafter Government ), alleging that the Government violated federal pay statutes by improperly failing to pay Sunday premium pay, equal to 25% of the basic rate of pay, for those part-time employees who performed regularly scheduled work on Sunday. The work must have been performed on or after October 14, 2005 during a regularly scheduled, non-overtime period of service of up to 8- hours, any part of which was on Sunday. The Court has allowed the lawsuit to proceed as a Class Action on behalf of all part-time employees of the Department of Veterans Affairs who were or are employed on or after October 14, 2005, who worked on regularly-scheduled shifts, a part of which was performed on Sunday, who have not been paid Sunday premium pay at a rate equal to 25 percent of his or her hourly rate of basic pay for periods of performed work on or after October 14, 2005 which was not overtime work. The Court has not decided whether the Government did anything wrong. There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now: You may be eligible to receive substantial back pay and interest depending on the number of regularly scheduled Sundays you worked since October 14, 2005 as described above, the amount of your hourly rate of pay, and if the VA has not already paid you 25% premium back pay and interest for each and every hour that you worked on Sunday as described above. ASK TO BE INCLUDED Your Legal Rights And Options In This Lawsuit To participate in this lawsuit, you must submit an Opt-In Claim Form which you can file in a safe and secure manner only at this website ( or you can download the Opt-In Claim Form from this website, then print it out, and file your completed Claim Form by mail addressed to: Sunday Pay Case Administrator, P.O. Box 4087, Portland, OR , or you can obtain the Opt-In Claim Form by contacting the Class Administrator by

2 DO NOTHING mail at that address, or you can call toll free at to receive a Claim Form, fill it out, and then file your Claim Form by mail. Your privacy and the protection of the information you file online or by mail is guaranteed by strict confidentiality agreements. THIS IS A SECURE WEBSITE. YOU MUST FILE YOUR CLAIM FORM EITHER ON THIS WEBSITE OR BY MAIL by August 29, If you ask to be included in this case, you keep the possibility of getting money that may come from a trial or a settlement. However, you give up any rights to sue the Government separately about the same legal claims in this lawsuit. If you do nothing, you will not be included in this lawsuit and will get no monetary recovery from it. If you do nothing and money is later awarded, you won t share in any award of money from a court.. Your options are explained in this notice. To ask to be included, you must submit a completed Opt-In Claim Form before August 29, Lawyers must prove the claims against the Government. If money or benefits are obtained from the Government, you will be notified about how to ask for a share. Any questions? Read on.

3 1. Why did I get this notice? BASIC INFORMATION The Government s records show that you currently work, or previously worked, part-time for the VA, and at any point after October 14, 2005, you worked some amount of hours (up to 8 hours) on Sunday which was not overtime. This notice explains that the Court has allowed, or certified, a Class Action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against the Government are correct. Judge Francis M. Allegra of the United States Court of Federal Claims is assigned to this Class Action. The lawsuit is known as Jones, et al. v. United States, Civil Action No C. 2. What is this lawsuit about? This lawsuit is about whether the Government violated federal pay statutes by failing to pay Sunday premium pay equal to 25% of his or her basic rate of pay when part-time employees performed work, a part of which was performed on Sunday, on or after October 14, The work must have been performed during a regularly scheduled period of service of up to 8-hours which was not overtime. 3. What is a class action and who is involved? In a class action lawsuit, one or more people called Class Representatives sue on behalf of other people who have similar claims. The people together are a Class or Class Members. All the Class Members like them who brought the lawsuit are called the Plaintiffs. In this case, the Government (named as the United States) is the Defendant. One court resolves the issues for everyone in the Class who submit an Opt-In Claim Form. Those people who do not submit an Opt-In Claim Form will be excluded from the Class in this case. 4. Why is this lawsuit a class action? The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims ( RCFC ). On October 20, 2014, the Court ruled that this case could be maintained as a Class Action and determined the following: The Class is so numerous that joinder of all members is impracticable; There are questions of law or fact common to the Class; The claims of the Class Representatives are typical of the claims of the Class; The Class Representatives and the Class Counsel representing the Class will fairly and adequately represent the Class interests; The common legal questions and facts predominate over any questions affecting only individual Class members; and This Class Action will be more efficient than having many individual lawsuits. For more information, see the Court s October 20, 2014 Order, which is available at the website

4 THE CLAIMS IN THE LAWSUIT 5. What does the lawsuit complain about? In the lawsuit, Plaintiffs allege that the Government violated federal pay statutes by improperly failing to pay Sunday premium pay equal to 25% of his or her basic rate of pay when part-time employees performed work, a part of which was performed on Sunday, on or after October 14, The work must have been performed during a regularly scheduled period of service of up to 8-hours which was not overtime. For more information, see the Plaintiffs October 14, 2011 Class Action Complaint for Money Damages, which is available at the website 6. How does the Government answer? The Government agrees that part-time GS and part-time WG employees of the VA, who were or are employed on or after October 14, 2005, are entitled to be paid Sunday premium pay, equal to 25% of his or her basic rate of pay, for non-overtime work performed on a Sunday during a regularly scheduled period of service of up to 8 hours. Defendant s Answer to the Complaint is also available for review at the website 7. Has the Court decided who is right? The Court hasn t decided whether the Government or the Plaintiffs are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at a trial. (See The Trial below in FAQs 17, 18, and 19.) 8. What are the Plaintiffs asking for? The Plaintiffs are asking for money damages for the amount of Sunday premium pay that they claim was not paid, plus interest, for the Class Members. Class Counsel have recently estimated that the average potential damage award, in the event liability is determined, that may be paid to each Class Member who worked for the VA during the entire Class period is $2,500 or less, depending on your job classification and pay grade. Some Class Members may be entitled to more or less depending on their individual circumstances. This estimate is Class Counsel s estimate and has not been calculated or endorsed by either the Court or the Government. 9. Is there money available now? No money or benefits are available now because the Court has not yet decided whether the Government did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share. 10. Am I a part of this Class? The Court has allowed the lawsuit to be a Class Action on behalf of all part-time employees of the VA who were or are employed after October 14, 2005, and who at any point in time after

5 October 14, 2005 were regularly scheduled to work any hours of their regular shifts on Sunday of up to 8 hours which was not overtime, and who have not yet been paid Sunday premium pay for the hours they worked on Sunday. If you have already filed a claim for Sunday premium pay with the VA and received an award of back pay and interest, and if you continue to be paid Sunday premium pay for the hours you work on Sundays, then you are not a part of the Class and are not eligible to participate in the lawsuit. 11. I m still not sure if I am included. If you are still not sure whether you are included, you can get free help by calling or writing to the Sunday Pay Case Administrator at the phone number or address listed in the answer to question 20. YOUR RIGHTS AND OPTIONS 12. What happens if I submit an Opt-In Notice? If you wish to participate in this case and share in any potential damage award from this case, you must complete and sign an Opt-In Claim Form and return it via U.S. Mail to the independent Class Administrator, or you can file your Opt-In Claim Form safely and securely online at You must file your Opt-In Claim Form online through the website by August 29, 2016, or if you are filing your completed Opt-In Claim Form by mail, it must be postmarked by August 29, As a member of the Class your rights in this litigation will be represented by the Class representatives and Mr. Ira M. Lechner who is the attorney for the Class. You will receive the benefit of, and be bound by, all rulings, orders, or judgment entered or any settlement approved by the Court, whether favorable or unfavorable. If you choose to participate in this case by submitting an Opt-In Claim Form, you will not be required to advance any attorneys fees or costs related to the case. If there is no recovery in this case, you will not be required to pay any attorneys fees or costs to Class Counsel. You will not be asked to pay Class Counsel directly ( come out of pocket ) to pay his fees and costs. 13. What happens if I do nothing? If you fail to submit an Opt-In Claim Form online through the website by August 29, 2016, or if you mail your Opt-In Claim Form and it is not postmarked by August 29, 2016, you will be barred from participating as a Class Member in this case or any recovery from it. Pursuant to the Court s Rules, you may also enter an appearance in this matter through private counsel if you desire, but you will be personally responsible for paying your private counsel's fees and expenses. Depending on the facts relating to your particular circumstances, you may or may not be able to pursue your own claim against the United States independently of this Class Action case. If you do decide to pursue your claim independently, outside this Class Action, we encourage you to do so immediately or consult with your counsel immediately because certain statutes of limitations may bar or limit your claims.

6 THE LAWYER REPRESENTING YOU 14. Do I have a lawyer in this case? The Court decided that the law firm of Ira M. Lechner, Esq., is qualified to represent you and all Class Members. Mr. Lechner is called Class Counsel. He is experienced in handling similar cases against the Government and other employers. More information about this law firm, its practices, and its lawyers experience is available at Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. 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. 16. How will class counsel be paid? If Plaintiffs are successful, Class Counsel will be paid fees and allowed to recover his costs only if, and to the extent, awarded by the Court. Those fees and costs, if any, may either be paid by the United States and/or from the recovery in this case. If Class Counsel s fees and costs are paid out of the recovery in this case, it may reduce the amount of your recovery in this case. If there is no recovery in this case, you will not be required to pay any attorneys fees or costs to Class Counsel. In no event will you be asked to pay Class Counsel directly ( come out of pocket ) to pay his fees and costs. THE TRIAL The Court has not scheduled a trial to decide who is right in this case. 17. How and when will the Court decide who is right? If the case is not resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs claims at a trial in the United States Court of Federal Claims, 717 Madison Pl., NW, Washington, D.C During the trial, the Judge will hear all of the evidence and will reach a decision about whether the Plaintiffs or Defendant are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class. 18. Do I have to come to the trial? You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and the Government will present the defenses. You or your own lawyer is welcome to come at your own expense. 19. Will I get money after the trial? If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

7 20. Are more details available? GETTING MORE INFORMATION The pleadings and other records in this litigation may be examined at any time during regular business hours at the Office of the Clerk of the Court of Federal Claims at 717 Madison Pl., N.W., Washington, D.C For more information concerning this lawsuit, you may contact Epiq Systems, Inc. which has been appointed by the Court as the Sunday Pay Case Claims Administrator. The address for the Sunday Pay Case Claims Administrator is P.O. Box 4087, Portland, OR The (toll-free) phone number is The website which contains all the information about this case and the Opt-In Claim Form which you can use to file your claim safely and securely is