Major Settlement Reached for VA Healthcare Workers on FLSA Classifications
In a significant victory for healthcare workers at the Department of Veterans Affairs (VA), the American Federation of Government Employees (AFGE) has reached a comprehensive settlement with the VA. The agreement addresses long-standing disputes over the classification of several medical positions under the Fair Labor Standards Act (FLSA), ensuring fair compensation and proper overtime pay.
Background of the Grievances
The grievances, filed by the AFGE in December 2020 and September 2021, alleged that the VA had incorrectly classified Clinical Perfusionists, Acupuncturists, Nuclear Medicine Technologists (NMTs), Registered Respiratory Therapists (RRTs), and Program Specialists as exempt from the FLSA. This misclassification resulted in these workers not receiving the overtime pay they were rightfully entitled to under federal law.
Details of the Settlement
The settlement, filed under case number FMCS 231005-00122, brings a resolution to these grievances with several key terms:
Reclassification and Overtime Pay:
Clinical Perfusionists and Acupuncturists will now be classified as FLSA non-exempt, ensuring they receive proper overtime pay. Additionally, those already receiving premium pay will continue to do so.
Non-supervisory and non-lead Nuclear Medicine Technologists and Registered Respiratory Therapists will also be reclassified as non-exempt, retroactive to September 10, 2019. This means they will receive back pay with interest for any improperly capped overtime during this period.
Legal Fees and Compensation:
The VA will pay the Union’s legal fees related to these grievances, amounting to $18,000. Payments will be made to current and separated employees accordingly, with those no longer employed by the VA receiving their compensation via traditional paper checks.
Ongoing Arbitration for Program Specialists:
The settlement does not resolve the classification of Program Specialists, which will continue to be arbitrated separately.
Implementation and Notifications
The VA has committed to notifying all affected employees about their entitlements under the settlement. Current employees will be informed via email, while separated employees will receive notification through mailed address verification forms.
Looking Ahead
This settlement represents a major step forward in ensuring that VA healthcare workers receive the compensation they deserve. The agreement highlights the ongoing efforts of both the Union and the VA to work together in addressing and resolving labor disputes, ultimately benefiting the dedicated professionals who serve our nation's veterans.
Watch our latest video for a breakdown of this settlement here.
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