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 15,000 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
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
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.
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.
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.
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.
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
Physicians are not hourly employees. Due to Physicians being salary and per
their contract, they are not eligible.
The countdown to the deadline begins once the Federal Judge certifies the
class action, then you will have 90 days to opt in.
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.
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.
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
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 to the right.