FREQUENTLY ASKED QUESTIONS. The United States Department of Veterans Affairs (VA) employment records show that you:

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1 FREQUENTLY ASKED QUESTIONS 1. Why did I get a notice? The United States Department of Veterans Affairs (VA) employment records show that you: A. work or previously worked as an Advanced Practice Registered Nurse ( APRN, including nurse practitioners, clinical nurse specialists, and nurse anesthetists) for at least one pay period between December 28, 2006, and November 30, 2017; B. work or previously worked as a Physician s Assistant ( PA ) for at least one pay period between November 16, 2009 and November 30, 2017; or C. work or previously worked as an APRN or a PA for at least one pay period between August 24, 2012 and August 24, The purpose of the Notice is to inform you of a class action lawsuit brought against the VA, to advise you of how your rights may be affected, and to instruct you on how to make a claim if you choose to do so. 2. What is this lawsuit about? This lawsuit is about unpaid overtime and premium pay. Plaintiffs allege that Advance Practice Registered Nurses (APRN) and Physician Assistants (PA) were induced to perform patient care and clinical care duties managing view alerts and electronic patient health records in the VA s Computerized Patient Records System before or after their tours of duty, and were not paid for doing so. This action alleges APRNs and PAs are owed overtime pay, premium pay when applicable, and interest. At the current time, approximately 380 APRNs and PAs already have elected to join this lawsuit.

2 3. What is a class action and who is involved? In a class action lawsuit, one or more people called Class Representatives (in this case four APRNs and one PA) sue on behalf of other people who have similar claims. The people together are a Class or Class Members. The people who have sued and all the Class Members are called plaintiffs. The United States is called defendant. In a class action, one court considers one lawsuit to resolve the issues for all Class Members who choose to join the lawsuit. 4. Why is this lawsuit a class action? The U.S. Court of Federal Claims decided that this lawsuit can be a class action and move toward a trial because it meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims, which governs class actions in United States Court of Federal Claims. 5. How does the United States (VA) answer the lawsuit? The United States denies that the VA induced APRNs and PAs to work overtime without pay to perform patient care and clinical care duties managing view alerts and electronic patient health records. If you wish to learn more about the United States response to this lawsuit, you may access the United States Answer to the Amended Complaint in the Documents tab of this website. 6. Has the court decided who is right? The Court has not decided whether the United States 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 the case. The plaintiffs must prove their claims at trial.

3 7. What are the Plaintiffs asking for? Plaintiffs seek unpaid overtime, premium pay, and interest for this work performed by APRNs and PAs during the applicable Class Period, plus attorney s fees and costs. 8. Am I part of this Class Action? You must decide whether you wish to join this Class Action. You will not be part of the Class unless and until you fill out the Plaintiff Consent and Declaration Form located at the back of your Notice and postmark it by the deadline of January 15, 2019 to the Class Action Administrator. Instead, you may also complete and submit the applicable Plaintiff Consent and Declaration Form located on the Documents tab of this website by the deadline of January 15, Rule 23 of the Rules of the United States Court of Federal Claims requires that Class Members opt in to a class action. If you fit the description in the next question, you may opt in and join this Class Action. 9. Who can be part of this Class Action? You can be a part of this Class Action if one of the following descriptions applies to you: A. between December 28, 2006 and November 30, 2017, you worked at least one pay period as an APRN, and you performed work on electronic medical records, including attending to View Alerts, outside of your regular work schedule, without being paid for that work. This would include work done before or after your regular tour of duty, or on weekends, as well as work done through remote access to the CPRS or the electronic health records systems; B. between November 16, 2009 and November 30, 2017, you worked at least one pay period as a PA, and you performed work on electronic medical

4 records, including attending to View Alerts, outside of your regular work schedule, without being paid for that work. This would include work done before or after your regular tour of duty, or on weekends, as well as work done through remote access to the CPRS or the electronic health records systems; OR C. between August 24, 2012 and August 24, 2018, you worked at least one pay period as an APRN or a PA, and you performed work on electronic medical records, including attending to View Alerts, outside of your regular work schedule, without being paid for that work. This would include work done before or after your regular tour of duty, or on weekends, as well as work done through remote access to the CPRS or the electronic health records systems. 10. Who should I contact if I am not sure whether I can be a part of this Class Action? If you are not sure whether you can be included in this Class Action, you can contact the Class Action Administrator or Class Counsel. 11. How can I join the Class Action? If you choose to join this lawsuit, and potentially participate in any recovery that may result from this lawsuit, it is extremely important that you read, sign and submit the applicable Plaintiff Consent Form and Declaration located on the Documents tab of this website or by mail to the Class Action Administrator at the following address: Class Action Administrator Mercier, et al. v. The United States P.O. Box Richmond, VA 23260

5 The Plaintiff Consent Form and Declaration must be submitted electronically or postmarked on or before January 15, What happens once I join this Class Action? If you choose to join this Class Action, you and the VA will be bound by any ruling, judgment, or award, whether favorable or unfavorable. You will also be bound by, and will share in, any settlement that may be reached on behalf of the Class. Class Counsel and the representative plaintiffs will represent your interests in the claims. 13. Does joining the Class Action cost any money? If successful in this litigation Class Counsel will seek an order from the court directing the VA to pay Class Counsel s attorney s fees and costs. Attorney s fees for Class counsel and co-counsel in the case will be either pursuant to a contingent fee agreement, or based on what is known as a common fund award. If you decide to participate in this action, you will incur no out of pocket costs; out of pocket costs incurred will be recovered either from the VA pursuant to any judgment awarded by the court should that occur, or from any settlement fund agreed to by the parties and approved by the court. 14. What happens if I do not join this Class Action? If you do not join this action, you will not be entitled to any recovery from this case and you will not be bound by any ruling, judgment or award. If you do not join, you will be free to take action on your own to represent your own interests. Should you choose to take action on your own, you will be personally responsible for your own attorney fees and costs.

6 15. How long do I have to decide whether to join the Class Action? There is a deadline to join this lawsuit. You must postmark the Plaintiff s Consent Form and Declaration or submit the Plaintiff s Consent Form and Declaration electronically by January 15, Can the VA or United States retaliate against me for joining this Class Action? The law prohibits the United States, including the VA, from retaliation against employees for exercising their rights to join this lawsuit or to pursue their own action. The VA is prohibited from discharging you or retaliating against you in any other manner because you choose to participate in this action or to pursue your own action. 17. Do I have a lawyer in this case? The court has appointed David M. Cook of Cook & Logothetis, LLC as Class Counsel. Class Counsel is supported by Provost Umphrey Law Firm, LLP, E. Douglas Richards, PSC and Mooney Green, PC. Class Counsel is experienced in handling similar cases. Class Counsel s contact information: Cook & Logothetis, LLC 30 Garfield Place, Suite 540 Cincinnati, OH (513)

7 18. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel will work on your behalf if you chose to join this Class Action. You have the right to have your own lawyer. For example, you can ask your own lawyer to appear in court for you if you want someone other than Class Counsel to speak for you. However, if you want your own lawyer, you will personally have to pay that lawyer. YOU SHOULD NOT CONTACT THE COURT AT THIS TIME.