NTEU To Appeal Adverse Decision in Shutdown Pay Lawsuit

NTEU will appeal a decision by the Federal Circuit holding that federal employees who are paid late during government shutdowns cannot recover damages.

In a 2-1 decision, a panel of the Federal Circuit reversed a lower court decision which had agreed with NTEU that employees who are paid late are entitled to liquidated damages.

NTEU will ask for a rehearing by the full 12-member appellate court. NTEU believes the panel failed to recognize the hardship employees suffered when they were required to work for weeks without pay during the 2018-19 government shutdown. The court also failed to understand that federal law requires employers, including the government, to pay employees in a timely manner, and be liable for damages when they do not.

“It is grossly unfair to the tens of thousands of federal employees who have had to work during shutdowns without pay and are now being denied the damages they are due under the law,” said National President Tony Reardon.