Provost Umphrey Law Firm has filed a second lawsuit on behalf of nurse practitioners (NPs) and physicians’ assistants (PAs) employed by the U.S. Department of Veterans Affairs. The lawsuit seeks overtime pay for VA nurses who say the VA has required them to perform extensive patient-related work after hours for no pay in the Computerized Patient Record System (CPRS). The initial class action, Mercier, et al., Plaintiffs vs The United States of America, settled for $160 million in 2021, averaging $50,000 per class member.
Employment at the VA
Currently, the VA employs more than 80,000 nurses in more than 1,400 medical centers and outpatient clinics located in all 50 states, making it the largest employer of nurses in the U.S.
An Influx of Patients
The United States was in a state of war for two decades. This resulted in more veterans needing medical attention. Veterans who served in Vietnam are also at an age where they need more specific and detailed medical care. The large number of patients flowing into the VA system has resulted in overworked and underpaid medical caregivers. Many nurses, and other medical professionals, complete computer work after hours in order to avoid scrutiny from VA management, including being written up for poor time management.
Would you like more information?
Leave your contact information with our Live Chat Agent by clicking “Start Chat” in the chat window in the bottom right-hand corner of the screen. Our team will reach out to you however you feel most comfortable. Please do not leave your VA work email, please submit your personal email that you check often.
Still have questions?
Please see our FAQs below to get answers to the most asked questions immediately. If you are interested in joining the class action, please click here and fill out the form on the right-hand side of the screen. Opt-in now while you have time!
Am I eligible?
If you worked for the U.S. Department Veterans Affairs healthcare division as a Nurse practitioner (NP), Clinical nurse specialist (CNS), Nurse anesthetist (NA), or Physician assistant (PA) as of April 7, 2016 or later, you are eligible for opt-in.
What if I am no longer employed at the VA?
If you worked unpaid overtime at a VA hospital or clinic as a Nurse practitioner (NP), Clinical nurse specialist (CNS), Nurse anesthetist (NA), or Physician assistant (PA) as of April 7, 2016 or later, you are still eligible even if you no longer are employed there.
How far back in time would I be compensated for unpaid overtime?
All of your unpaid overtime as of April 7, 2016 or later. If you’ve already received a settlement from the Mercier class action, you will be compensated for the unpaid overtime you worked starting January 17, 2021.
Should I share this information about the class action with my co-workers?
If you work with other NPs and PAs that have been induced to work unpaid overtime, they could benefit from joining the class action. Let them know about the class action and their opportunity for compensation.
Will my employer retaliate against me if I join the class action?
The Court will take any allegations of retaliation very seriously. The previous overtime class action against the VA that settled for $160 million included 3200 class members, none of which were retaliated against. There are Federal laws in place that protect citizens trying to obtain their rights.
Why can only NPs and PAs be included? Why not physicians?
Physicians are not hourly employees. Due to Physicians being salary and per their contract, they are not eligible.
When is the deadline to opt-in?
The countdown to the deadline begins once the Federal Judge certifies the class action, then you will have 90 days to opt in.
Can still join if I was part of the Mercier litigation?
Yes, if you worked unpaid overtime after January 17, 2021 – you are eligible for compensation for the unpaid overtime you worked from then until the day this class action settles.
How are my damages calculated? How do they figure my overtime?
Your damages will be calculated based on your time in the CPRS system and the notes and orders you write outside your tour of duty.
Why do you need the last four digits of my social security to fill out the form?
We require this information only so that we can effectively search for your form information in our internal database. It is difficult to do this with name only. All your information is kept confidential and will not be shared with anyone.
How long will this lawsuit take?
Fortunately, since this is the second class action for this same litigation, we expect the process to go a lot quicker than it did with the Mercier class action. At this time, we cannot say for certain how long the entire process will take from start to finish. However, we will be working tirelessly behind the scenes to get you the justice you deserve. You’ll just need to opt in and let us do the work.
Do you have a claim?
You can always reach out to us if you have any more questions at 800-289-0101 for a FREE consultation. If you’d like us to reach out to you, please leave your information with the Live Chat Agent, and we’ll be happy to contact you to answer any and all your questions. If you’d like to opt into the class action, visit this page and fill out the form below.