MEMORANDUM OPINION AND ORDER APPROVING NOTICE OF A CLASS ACTION, AMENDING CLASS CERTIFICATION, AND APPOINTING CLASS ACTION ADMINISTRATOR

SUSAN G. BRADEN, Judge.

On April 29, 2016, Plaintiffs filed a Motion For Approval Of Notices To The Class, Approval Of Amendments To The Class Certifications To Reflect Consolidation Of The Cases, And To Appoint The Class Action Administrator. The Government objected.

On May 4, 2016, Plaintiffs filed an Unopposed Motion For Leave To Withdraw the April 29, 2016 Motion and substituted a new Joint Motion To Approve Notices To The Class, Approval Of Amendments To The Class Certifications To Reflect Consolidation Of The Cases, And To Appoint The Class Action Administrator. After consideration, the court grants Plaintiffs' May 4, 2016 Unopposed Motion To Withdraw the April 29, 2016 Motion, however, the parties' May 4, 2016 Joint Motion is denied.

The court, however, has determined that it is appropriate to certify two subclasses in this case:

DeMONS SUBCLASS ONE: All General Schedule employees, as defined by 5 U.S.C. § 2105, who were employed between July 1, 2012 and February 28, 2016 by the Department of Veterans Affairs ("VA") in one of the following occupations:

DeMONS SUBCLASS TWO: All General Schedule employees, as defined by 5 U.S.C § 2105, who were employed between July 1, 2012 and February 28, 2016 by the VA in one of the following occupations:

The court also has determined that Epiq Systems Inc. is certified as Class Action Administrator ("Administrator").

On or before July 1, 2016, the Administrator will provide a Summary Notice of the certification to each member of a subclass, designated herein, by Postcard, to last known addresses. The cost of the Postcard and mailing will be paid by Class Counsel. The Summary Notice will refer to www.myleavepay.com, a website operated and maintained by the Administrator. The website will post the court's Official Notice, and a copy of the claim that a putative class member may file by Internet or mail to DeMons P.O. Box 4349, Portland, Oregon 97208-4349, no later than August 15, 2016.

The Government will provide the Administrator, in electronic form, with the names and addresses of putative class members who are or were employed by the VA in one of the occupations identified herein, to the extent such information is reasonably known and available. The Administrator and the Government will use their best efforts to identify a current address for any postcards that are returned as undeliverable.

All personal information provided by a class member on a claim in this case is subject to a Protective Order entered by the court on this date.

IT IS SO ORDERED.

Legal Notice from the United States Court of Federal Claims

1. WHAT IS THIS CASE ABOUT?

This lawsuit is about whether "premium pay" should have been paid to hybrid employees or specialized health care employees of the Veterans Health Administration who used annual leave, sick leave, or other forms of paid leave instead of performing regularly scheduled work on Saturdays and/or nights as described in this Notice. The lawsuit is known as DeMons et al. v. United States, No. 13-779C, and it has been filed in the United States Court of Federal Claims in Washington, D.C. The plaintiffs are asking for money damages as back pay plus interest for the amount of premium pay that they claim was not paid to all eligible Hybrid employees or specialized health care employees who file a timely Claim Form as Class Members.

If you received a postcard notice about this case, you may be eligible for substantial back pay and interest, depending on your job classification, pay grade, and how many hours of annual leave, sick leave, military leave, or court or witness leave you used during the period since July 1, 2012 to February 28, 2016 instead of working your regular night and/or Saturday shift. Some Class Members may be entitled to more or less depending on their individual circumstances.

2. EXAMPLES OF WORK SITUATIONS COVERED BY THIS CASE AS PROVIDED BY CLASS COUNSEL:

Plaintiffs claim that the law provides that a federal employee who uses any form of "leave with pay" such as annual leave, sick leave, jury duty or witness leave, and/or military leave, must be paid the same amount of money as the employee would have earned if he or she had remained at work on his or her regularly scheduled shift instead of using paid leave.

Therefore, if you used annual leave or sick leave dining a normal two-week pay period, plaintiffs claim that the law requires that your pay during that pay period would have to be equal to the pay you would have received if you had remained at work on your regularly scheduled shifts for the entire pay period instead of taking paid leave (depending as to whether you are a hybrid employee or whether you are a specialized health care employee). Plaintiffs claim that this pay should include basic pay as well as any night or Saturday pay that you would have earned during that pay period had you not taken authorized paid leave (less taxes and withholding).

If your pay during the period from July 1, 2012 to February 28, 2016 did not include the appropriate premium pay during the pay periods when you used "paid leave," you may be owed back pay and interest.

3. IS THERE ANY MONEY AVAILABLE NOW?

No money is available now. Money will only become available to Class Members when, and if, the Court approves the payment of a lump-sum to a Settlement Fund to settle all of the night and/or Saturday premium pay claims by eligible members of the certified class from July 1, 2012 to February 28, 2016. In a typical class action settlement, each eligible member of the certified class who files a timely claim receives a proportionate distribution of the Settlement Fund based upon the differential pay that each eligible claimant should have received for authorized paid leave used plus interest and less the costs and expenses of administration and attorney fees approved by the Court. The Class Action Administrator pays all attorneys' fees and expenses from the Settlement Fund, as approved by the Court. Individuals will not be billed for any fees and expenses and they will not have to pay any of these fees and expenses personally as it is anticipated that all administrative fees and attorney fees will be paid directly from the Settlement Fund. Defendant does not admit any wrongdoing or liability on its part.

Ira M. Lechner, Esq. is representing you and all potential Class Members in this case. He is called "Class Counsel." Mr. Lechner has been appointed by a Federal Judge as "Class Counsel." Mr. Lechner is experienced in handling similar cases against the United States. Address all your questions only to the Class Action Administrator at the address noted below. Do not call or write the United States Court of Federal Claims, or the Clerk of Court, or the Department of Veterans Affairs. Class Counsel will request Court approval of an award of a contingency attorneys' fee of thirty percent of the Settlement Fund. If there is no recovery in this case, you will not be required to pay any attorneys' fees or costs to Class Counsel. However, if you choose to hire your own lawyer, you will personally have to pay your own lawyer.

If you are still not sure whether you are included in this case, you can get free help by calling or writing to the Administrator at the toll free number or the address listed below.

4. WHAT HAPPENS IF I SUBMIT A CLAIM FORM?

If you wish to participate in this case and share in any potential damage award of back pay and interest from this case, you must complete a Claim Form NO LATER THAN August 15, 2016. You can either file your Claim Form directly on line now with the independent Administrator at www.myleavepay.com or you can download and print out the Claim Form from the website and mail it directly to the Administrator, or you can contact the Administrator at the address or phone number below to obtain a claim form and then mail it directly to the Administrator. The quickest, easiest, and more effective way to file your claim is to do so now directly by the Internet through this web site. Do not delay.

THIS WEB SITE IS A SECURE SITE PROTECTED BY THE INDUSTRY STANDARD ENCRYPTION TECHNOLOGY. YOUR PERSONAL INFORMATION IS SAFE AND SECURE AND WILL NOT BE DISCLOSED TO ANY UNAUTHORIZED PERSON OR INSTITUTION. THIS IS NOT A SCAM OR A SOLICITATION BY AN ATTORNEY. If you prefer to file your claim by mail, the address to return it via U.S. mail is: DeMons Case, P.O. Box 4349, Portland, OR 97208-4349. You must put the appropriate amount of postage stamps on the envelope in order to file your claim.

5. WHAT HAPPENS IF I DO NOT SUBMIT A CLAIM FORM?

If you do not submit a Claim Form by August 15, 2016 either directly by the Internet, or by mail, you will be barred from participating as a Class Member in this case and you will not receive any monetary recovery from either a trial or settlement. However, you retain the right to sue the VA on your own about the same legal claims that have been alleged in this lawsuit and you will not be legally bound by the Court's judgment hi this class action; you will personally have to pay a lawyer if you choose to hire your own lawyer. You are entitled to enter an appearance in this matter through private counsel if you desire. If you choose to hire your own lawyer, you will personally have to pay that lawyer.

6. ARE MORE DETAILS AVAILABLE?

The pleadings and other records in this lawsuit may be examined at any time during regular business hours at the Office of the Clerk of the United States Court of Federal Claims. The address for the Court is: United States Court of Federal Claims, 717 Madison Place, N.W., Washington. D.C. 20005. For more information about this lawsuit, or to obtain a claim form, you may view the official website maintained by the independent Class Action Administrator at www.myleavepay.com and you can file your claim directly on that website safely, securely and quickly. You may contact the Class Action Administrator by telephone, toll free at 1-877-810-7928, or you may contact the Class Action Administrator by mail at: