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We have important news to share with you.
From the start of this rapidly developing health crisis, AFGE has been advocating for immediate action to help protect you and the public we serve. We have pushed agencies to provide the additional guidance and protection for workers during the coronavirus pandemic, even as so many of our members are continuing to do their jobs at great personal risk. Still, agencies have been unwilling to give our members the hazard and environmental differential pay to which they are entitled.
That's why your union, AFGE, and Heidi Burakiewicz of Kalijarvi, Chuzi, Newman & Fitch (KCNF DC) sued the federal government this week on behalf of AFGE members and federal employees who were exposed to the coronavirus in the course of their jobs.
Three of the plaintiffs in the case work at Federal Correctional Complex Oakdale, in Louisiana. One of the plaintiffs is a correctional officer. Last Thursday, he was told to take an inmate to the hospital. When he asked his supervisor if he needed a mask, he was told no. He traveled in a van with the inmate and sat in a hospital room with the inmate with no protective gear whatsoever despite their close proximity to each other. The inmate later tested positive and died from COVID-19.
There are likely thousands more stories like this out there of other federal employees who have been exposed to the coronavirus in the course of their jobs and are entitled to hazard pay or environmental differential pay pursuant to federal law.
Our lawsuit alleges that the General Schedule (GS) plaintiffs are entitled to a 25% hazard pay differential under Title 5, because they were exposed to “hazardous working conditions through the performance of their assigned duties" that was not taken into consideration in the classification of their jobs. We believe a “virulent biological” like the coronavirus would clearly qualify as a hazard under Title 5. The lawsuit similarly asserts that Wage Grade (WG) plaintiffs are entitled to a 4% or 8% environmental differential pay increase, depending on available protective equipment, for exposure to micro-organisms.
Who is Covered
We are seeking to have the case certified as a class action on behalf of all federal employees who have come into contact or close proximity with objects, surfaces or individuals who have been infected with COVID-19. It is not necessary that an employee become sick to be entitled to hazard or environmental differential pay.
The employees covered by the law can work for any agency.
What Do You Need To Do To Join The Case
This lawsuit is being filed as a class action. This means that as long as the case is certified as a class action, employees do not need to take any action at this time to be included in the lawsuit.
Additional Plaintiffs
Please send us information about how you are being exposed to COVID-19 and the problems that need to be fixed so that you are better protected at work. Although we filed the case with 5 plaintiffs from 3 different agencies, we plan to amend the complaint to include representatives from other agencies and job descriptions.
You may contact the attorneys bringing the lawsuit with additional information at the email address below.
In addition to our lawsuit we are also imploring Congress to pass legislation to provide hazardous duty pay to all front-line federal employees not already covered by existing laws like our nurses in federal prisons, and healthcare workers at the VA who provide direct patient care to our nation’s veterans.
We strongly believe that the thousands of employees who are working in jobs across the federal government have met the legal standards outlined in Title 5 and the government needs to provide hazard and environmental differential pay. Even more urgently, the
government needs to provide personal protective equipment to these employees
and make common sense changes to keep them safe.
If you have additional questions regarding the lawsuit please email the law firm at [email protected].
In Solidarity,
Dr. Everett Kelley
AFGE National President
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