Nurses at Department of Veterans Affairs hospitals across the country, including one from Cincinnati’s facility, are suing the federal government, alleging the VA coerced them into working unpaid overtime monitoring an electronic health system.
Audricia Brooks, a nurse at the Cincinnati VA Medical Center in Corryville, is one of two original plaintiffs in the case, first filed by Cincinnati law firm Cook and Logothetis in 2012.
Today, 33 nurses from other VA facilities have joined the suit. They allege that the hospitals, run by the federal government, created conditions under which nurses were expected to put in unpaid overtime hours to monitor the View Alerts system, which sends 24-hour electronic updates and information requests on patients. Sometimes these updates are critical and must be acted upon immediately, though they stay in the View Alerts system for two weeks. Nurses who don’t complete the alerts in that time are subject to discipline, according to the complaint filed in federal court.
However, nurses who file for overtime because of the View Alerts system might also face repercussions. The suit alleges that overtime requests reflect poorly on nurses and could impact bonuses and job performance reviews.
Plaintiffs in the case say they have stayed late, worked from home and worked unscheduled weekends due to the system, all uncompensated by the hospital. Lawyers for the plaintiffs claim some nurses put in more than 20 hours of work in overtime some weeks. Nurses can receive View Alert messages about any number of up to 900 patients, according to the suit.
The lawsuit was originally dismissed by the Court of Federal Claims early last year, but has been taken up again on appeal over the issue of whether the VA “induced” nurses to work overtime. Though hospitals did not formally order the work, the suit alleges they created conditions under which overtime had to be performed, then refused to pay for that overtime. Judges at the U.S. Court of Appeals this May ruled that so-called “induced” overtime could be considered ordered work and sent the suit back to the Court of Federal Claims.
The VA employs more than 80,000 nurses, including 442 at the Corryville facility. Some nurses there say that’s not enough staff and would like to see up to 40 additional nurses hired. Lawyers representing the plaintiffs say the case shows the severely understaffed state of VA facilities and hope the suit pushes the department to hire more nurses and other staff. Officials with the department have not commented on the lawsuit.
