AAFES Shift Differential Class Action Settlement
The Court certified a class for settlement purposes only consisting of employees who worked for AAFES at any time between November 1, 2008 and April 22, 2016 (the “Class Period”) who were eligible for night shift differential and who:
(i) worked or were scheduled to work non-overtime shifts where the majority of such shift hours occurred either between the hours of 3:00 p.m. and midnight or between 11:00 p.m. and 8:00 a.m., and who were not paid the shift differential to which they were entitled; or
(ii) 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.
Proof of Purchase
Russell et al. v. United StatesCase No. 14-cv-1062 SGBUnited States Court of Federal Claims
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.