Federal Nurses Win New Shot at Pandemic-Related Underpay Claims

Nurses who worked long hours during the Covid-19 pandemic for the US government’s Indian Health Services convinced a federal appeals court to partially revive a lawsuit seeking pay enhancements for nighttime, holiday, and Sunday work.

The trial court didn’t give plaintiff Jillian Lesko’s wage-and-hour claims enough credence before dismissing her proposed class action against the federal government, the US Court of Appeals for the Federal Circuit said. The lower court wrongly used evidence from outside Lesko’s pleadings to nix one of her claims and failed to favorably construe her other allegations as required at this stage, the panel opinion ...