The lawsuit was brought by plaintiffs Andrew Russell and Ruth Gallego, who allege that during the course of their employment with AAFES, they were repeatedly denied payment of the shift differential despite being entitled to receive it. Specifically, plaintiffs allege that they worked or were scheduled to work non-overtime shifts where the majority of shift hours were between 3:00 p.m. and midnight (second shift) or between 11:00 p.m. and 8:00 a.m. (third shift), and that they were therefore entitled to premium pay, also known as shift differential pay.
Plaintiffs assert that because of an error in the payroll system used by AAFES, employees often failed to receive 7.5 percent additional premium pay for working the second shift and 10 percent additional premium pay for working the third shift. Additionally, plaintiffs assert that payments to employees upon separation from AAFES for accrued leave, or lump sum payments, were not accurately paid to employees as a result of the alleged failure to accurately pay the shift differential.
The plaintiffs allege that AAFES violated the Prevailing Rate System Act, 5 U.S.C. § 5341 et seq., the regulations implemented thereunder, including 5 CFR § 532.505, the Federal Wage System Operating Manual, Subchapter S8, and the Exchange Operating Procedures 15-10, chapter 13-88. Plaintiffs filed their complaint in the United States Court of Federal Claims (the Court), where they sought to represent other present and former AAFES employees who were similarly situated, pursuant to Rule 23 of the Rules of the United States Court of Federal Claims. The lawsuit was filed against the United States of America (“defendant”).
For more information about the lawsuit and to obtain a copy of the complaint that was filed in this case, click here.
Who’s Eligible
You are eligible to participate in the settlement if you worked for AAFES at any time between Nov. 1, 2008 and April 22, 2016 and were eligible for night shift differential and:
- Worked or were scheduled to work non-overtime shifts where the majority of such shift hours occurred either between the hours of 3 p.m. and midnight or between 11 p.m. and 8 a.m., and who were not paid the shift differential to which they were entitled; or
- Were eligible for accumulated and current accrued annual or vacation leave payments upon separation from AAFES and who, upon separation, were not paid the full amount of lump sum payments to which they were entitled as a result of the failure to receive the shift differential.
If you are still unsure whether you are a Class Member eligible to receive compensation in the settlement, you can call the Claims Administrator toll free at 844-702-2780 or email [email protected].
Potential Award
Varies.
Approved claimants will be paid 100 percent of the amount they were supposed to have received during the Class Period for shift differential and/or lump sum leave pay that they were entitled to receive. In the event there is not enough money in the Net Settlement Fund to pay all approved claims, claimants will be paid their pro rata share of the Net Settlement Fund.
In accordance with Federal, State, and local tax laws, required taxes will be withheld from each claimants’ individual settlement payment. To participate in the settlement and receive payment, you must complete and submit a Form W-4 along with your Claim Form.
Proof of Purchase
N/A
Claim Form Deadline
5/30/2017
Case Name
Andrew Russell, et al. v. The United States, Case No. 1:14-cv-01062-SGB, in the United States Court of Federal Claims
Final Hearing
5/11/2017
Settlement Website
Claims Administrator
AAFES Shift Differential Settlement
c/o RSM US
PO Box 1327
Blue Bell, PA 19422
1-800-222-2760
Email: [email protected]
Class Counsel
John G. Jacobs
Bryan G. Kolton
JACOBS KOLTON CHTD
Defense Counsel
Michael A. Rodriguez
U.S. DEPARTMENT OF JUSTICE
