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KOL Obtains Final Approval of Class Action Settlement on Behalf of Veterans Administration Nurses
On June 28, 2010, the United States Court of Claims gave its final approval to a proposed class action KOL has reached with the United States concerning the failure of the
Veterans Health Administration (VHA) to pay nurses on-call pay at the rate of ten percent of their regular hourly pay for all hours for which they were scheduled for on-call duty,
in violation of 38 U.S.C. § 7453(h). By Order dated March 31, 2006, the Court granted Plaintiffs motion for class certification and certified a class consisting of persons who:
(1) are nurses as defined in Title 38, Chapter 74 of the United States Code; (2) were employed by the VHA on or after April 24, 1998; (3) have been requested or required to
field after-hour calls and/or electronic pages; and (4) did not receive on-call pay as required by 38 U.S.C. § 7453(h); and who opt-into the action (the "Class").
Following extensive discovery, the parties reached a proposed settlement for the benefit of the Plaintiffs and the opt-ins in the amount of $850,000, representing approximately 70
percent of the maximum damages that could have been recovered if Plaintiffs were successful in establishing that the VHA violated 38 U.S.C. § 7453(h).
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