UPDATE (December 26, 2023): The opt-in period to join this case has closed and no new opt-in Plaintiffs will be permitted to join the case. More than 500 individuals joined the case as opt-in Plaintiffs. The next step in the case will be the discovery period in which the Defendant will have to provide information pertaining to each individual’s schedule, hours worked, and potential damages. Due to the large number of plaintiffs this process is expected to take several months.

UPDATE (November 22, 2023): The court has extended the opt-in period until December 22, 2023. If you have not yet joined the case you can still do so up until that date. At the conclusion of the opt-in period an email with a case update and the next steps will be sent to all individuals that joined the case.  

On September 13, 2022 a lawsuit was filed in the United States Court of Federal Claims on behalf of federal employees who went on detail through the Department of Health and Human Services’ Office of Refugee Resettlement (ORR UC) Program and were not paid overtime wages properly. Specifically, the lawsuit alleges that the government failed to timely and properly pay overtime wages of time and one-half to employees who were performing FLSA non-exempt duties while on detail.

On April 17, 2023, Judge David A. Tapp approved the distribution of Notice to all individuals who fit the collective action’s definition. If you meet the following four criteria then you meet the collective’s definition.

1. You are or were an employee of a federal agency other than the Department of Justice;
2. You were classified as FLSA Exempt by your home Agency (meaning you were not ordinarily eligible to be paid FLSA overtime);
3. At any point within the last three years, you went on a detail through HHS’s ORR UC Program; and
4. While on detail you performed any of the Positions/duties listed below (or those that are similar) for at least 75% of the time and did not timely receive FLSA overtime pay (time and one-half).

If you believe you fit the collective’s definition you are eligible to join the case and may be entitled to recover damages. Please note, that if you do not affirmatively opt-in, you will not be entitled to any recovery by way of this lawsuit. If you would like to join the lawsuit, please complete the form on the right side of this page.

Please continue to visit this page where all case filings and updates will be shared.

Relevant Case Documents

1. September 13, 2022 – Complaint and Request to Proceed as Collective Action
2. January 13, 2023 – Defendant’s Answer
3. April 17, 2023 – Order approving Notice and Notice of Collective Action and Opportunity to Join