Class Action Argues U.S. Postal Service Workers Owed Hazard Pay for Exposure, Proximity to COVID-19 [UPDATE]
Last Updated on October 8, 2021
Roddy v. The United States of America
Filed: May 18, 2021 ◆§ 1:21-cv-01372
A class and collective action alleges United States Postal Service (USPS) workers are owed hazardous duty pay for exposure to “virulent biologicals” amid the COVID-19 pandemic.
Case Updates
October 8, 2021 – Lawsuit Put on Hold Pending Decision in Similar Hazard Pay Case
The proposed class action detailed on this page was stayed on July 19, 2021, meaning the litigation has been suspended for the time being.
In a July 16 motion, the United States, without opposition from the plaintiff, asked the court to stay the proceedings pending a decision by the U.S. Court of Appeals for the Federal Circuit in a case brought by Bureau of Prisons employees who also sought hazard duty and environmental differential pay.
On July 19, U.S. Court of Federal Claims Judge David A. Tapp granted the parties’ request to stay the case until further ordered by the court. The suit will remain suspended until the appellate court reaches a final and unappealable decision in the Bureau of Prisons hazard pay case.
At the time of this writing, the Bureau of Prisons hazard pay lawsuit, titled Adams v. US, has not been decided and is still ongoing.
If and when a final and unappealable decision is reached, the parties in the United States postal worker class action summarized on this page will have 30 days from the date of the decision to propose a schedule for continuing their case.
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A proposed class and collective action in the Court of Federal Claims alleges United States Postal Service (USPS) workers are owed hazardous duty pay for exposure to “virulent biologicals” amid the COVID-19 pandemic.
The 30-page lawsuit, filed against the United States of America, alleges USPS workers have since last March worked with or in close proximity to objects, surfaces and/or individuals infected with COVID-19 yet have not been provided with adequate protective equipment or workplace policies sufficient to protect their safety. The suit says the federal government owes USPS workers a hazardous duty pay differential for their exposure to “virulent biologicals” pursuant to the U.S. Code of Federal Regulations.
“For instance, Defendant did not provide sufficient personal protective equipment, such as gloves and hand sanitizer,” the suit’s four opt-in plaintiffs say. “Additionally, Defendant did not implement any safety policies, such as for social distancing. Defendant also did not install any safety equipment, such as filters in federal Post Offices to eliminate the risk of the virus.”
In light of the dangers of COVID-19 and the fact that the virus is highly transmittable, United States Postal Service employees were at a particular risk of contracting COVID-19 given the essential nature of their jobs and overall work environments, the lawsuit asserts. USPS workers, the suit adds, were forced to work with or in close proximity to the novel coronavirus, including, without limitation, with or in close proximity to infected rooms, offices, workspaces, packages, letters, equipment, objects, surfaces and/or individuals.
Nevertheless, the United States failed to protect USPS workers, the lawsuit claims. Noted in the suit is a report from the Office of the Inspector General that stated that as of July 31, 2020, at least one employee either tested positive for or quarantined due to possible exposure to COVID-19 at more than 7,000 Postal Service facilities nationwide.
“In other words,” the suit scathes, “over 7,000 postal service facilities had workers who contracted COVID-19.”
Consequently, the suit goes on, there has been an outbreak of COVID-19 at these facilities, with thousands of postal workers becoming infected as a result of their work for the United States. The plaintiff and proposed class members, given the risks of COVID-19, have been denied “significant unpaid wages” owed to them by law, the suit alleges.
“Defendant’s decision not to pay hazardous duty pay and environmental differential to the Plaintiff and Class Members is inexplicable,” the case reads.
The lawsuit looks to cover all current and former hourly paid employees of United States Postal Services from March 13, 2020 to the present.
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