Ysla v. United States
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Frequently Asked Questions

The Government’s records show that you are a current or former Department of Veterans Affairs employee who worked as a registered nurse, physician assistant, or expanded-function dental auxiliary, and that you may not have received premium pay for night or Saturday shifts, regularly scheduled overtime hours on days on which you had taken annual, sick, or nine other types of leave, or where otherwise excused from work due to a holiday from August 23, 2012 to present. The notice explains that the Court has allowed, or “certified,” a Class Action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court issues an award. The Honorable Victor J. Wolski of the United States Court of Federal Claims is assigned to this Class Action. The lawsuit is known as Ysla v. United States, Civil Action No. 18-1292C.

This lawsuit is about whether the Government improperly failed to pay premium pay to registered nurses, physician assistants, and expanded-function dental auxiliaries for night or Saturday shifts, regularly scheduled overtime hours on days on which they have taken annual, sick, or nine other types of leave, or where otherwise excused from work due to a holiday from August 23, 2012 to present. The Court of Federal Claims recently held that the Government is obligated to pay retroactive premium pay to former and current registered nurses, physician assistants, and expanded-function dental auxiliaries for their leave from August 23, 2012 to present.

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” All the Class Members like them who brought the lawsuit—are called the Plaintiffs. In this case, the Government (named as the United States of America) is the Defendant. One court resolves the issues for everyone in the Class who submits an Opt-In Claim Form. Those people who do not submit an Opt-In Claim Form will be excluded from the Class in this case.

On May 22, 2024, the Court held that the Government is obligated to provide retroactive premium backpay to eligible class members. 

On December 3, 2024, the Court decided that this lawsuit can proceed as a class action because it meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims because:

  • The Class is so numerous that joinder of all members is impracticable;
  • There are questions of law or fact common to the Class;
  • The claims of the Class Representatives are typical of the claims of the Class;
  • The Class Representatives and the Class Counsel representing the Class will fairly and adequately represent the Class’ interests;
  • The common legal questions and facts predominate over any questions affecting only individual Class members; and
  • This Class Action will be more efficient than having many individual lawsuits.

For more information, see the Court’s December 3, 2024 Order, which is available here.

In the lawsuit, plaintiffs allege that the Government failed to pay premium pay to registered nurses, physician assistants, and expanded-function dental auxiliaries for night or Saturday shifts, regularly scheduled overtime hours on days where they have taken annual, sick, or other types of leave, and where otherwise excluded from work due to a holiday from August 23, 2012. For more information, see the Plaintiffs’ August 24, 2018 Class Action Complaint for Money Damages, which is available here.

On May 22, 2024, the Court determined that the Government must pay retroactive premium pay to registered nurses, physician assistants, and expanded-function dental auxiliaries who worked night or Saturday shifts, who had regularly scheduled overtime hours on days on which they took annual, sick, or nine other types of leave, or who were otherwise excused from work due to a holiday from August 23, 2012 to present, but were not paid the required premium pay. The Court’s liability decision is available here.

The Plaintiffs are asking for pay equal to the amount of Saturday premium pay, overtime additional pay, and nighttime differential pay, that should have been, but was not, paid to Department of Veterans Affairs registered nurses, physician assistants, and expanded-function dental auxiliaries while they were on the forms of paid leave specified in the United States Court of Federal Claims’ certification order. See Ysla v. United States, Case No. 1:18-cv-01292-VJW, ECF No. 63 (Dec. 19, 2024) here.

On December 3, 2024, the Court issued an order allowing this lawsuit to proceed as a Class Action on behalf of current or former Department of Veterans Affairs employees who worked as a registered nurse, physician assistant, or expanded-function dental auxiliary, and that you did not receive pay for night or Saturday shifts, regularly scheduled overtime hours on days on which you had taken annual, sick, or nine other types of leave, or where otherwise excused from work due to a holiday from August 23, 2012 to present. The Court will include any prospective class member in this Class Action who both meets these criteria and opts-in to this Class Action. If the person to whom the notice was sent is deceased, a surviving spouse, children, or parents may have the right to opt-in. 

If you are still not sure whether you can be included, you can get free help by calling 1-888-333-4182 or emailing at [email protected].

You have to decide whether to join in the Class by submitting an Opt-In Claim Form or do nothing and be excluded from the Class

By submitting an Opt-In Claim Form, you will be added to the lawsuit, and you will recover the amount, if any, owed to you in premium pay.

If you wish to participate in this case and share in any award from this case, you must complete and sign an Opt-In Claim Form. You can file an Opt-In Claim Form safely and securely online [here], or you can complete the Opt-In Claim Form and return it via U.S. Mail to Ysla v. United States Class Action Administration, P.O. Box 301172, Los Angeles, CA 90030-1172. You must file your Opt-In Claim Form online through the Opt-In by August 6, 2025, or if you are filing your completed Opt-In Claim Form by mail, it must be postmarked by August 6, 2025.

The Court may, at its discretion, permit a member who previously opted-in to withdraw their inclusion as a Class Member.

If you do not submit an Opt-In Claim Form online through the website Opt-In by August 6, 2025, or if you mail your Opt-In Claim Form and it is not postmarked by August 6, 2025, you will be barred from participating as a Class Member in this case or any recovery from it. Depending on your particular circumstances, you may or may not be able to pursue your own claim against the United States independently of this Class Action case. If you do decide to pursue your claim independently, outside this Class Action, we encourage you to do so immediately or consult with your counsel immediately because certain statutes of limitations may bar or limit your claims.

The Court decided that Roger J. Marzulla and Ira M. Lechner are qualified to represent you and all Class Members. Mr. Marzulla and Mr. Lechner have been appointed as “Class Counsel.” Both Mr. Marzulla and Mr. Lechner are experienced in handling similar cases against the Government and other employers. More information about Class Counsel, including their firms, practices, and experience is available at www.marzulla.com.

If you opt-in to this Class Action, Class Counsel will act as attorney on your behalf in this action. If you prefer, you may instead retain your own attorney to enter your appearance in this action. If you do decide to pursue your claim independently, outside this Class Action, we encourage you to do so immediately or consult with your counsel immediately because certain statutes of limitations may bar or limit your claims.  In the event you retain your own attorney, you will be responsible for paying any fees associated with their representation.

Class Counsel will be paid fees and allowed to recover their costs only if, and to the extent, awarded by the Court. Class Counsel will request fees totaling no more than 25% of any judgment or settlement obtained for the Class, plus costs and expenses of the litigation. By opting in to this Class Action you are agreeing to this fee arrangement.

The pleadings and other records in this litigation may be examined at any time during regular business hours at the Office of the Clerk of the Court of Federal Claims at 717 Madison Pl., N.W., Washington, D.C. 20439. Pleadings and other records in this litigation can also be accessed online at here, which contains all the information about this case and the Opt-In Claim Form that you can use to file your claim. You can also get more information by calling 1-888-333-4182  or emailing [email protected].