NTEU Continues to Pursue Government Shutdown Pay

NTEU is asking a federal appellate court to rule that federal employees who are paid late during government shutdowns can recover damages. Such damages are an important way to compensate federal employees who have to work during shutdowns for days or weeks without pay.

NTEU filed a lawsuit seeking damages under the Fair Labor Standards Act for employees who were required to work during the lengthy 2018-19 shutdown but were paid late. The government tried to dismiss our lawsuit at the trial court level, but lost that fight and appealed when the trial court denied the government’s motion.

Last fall, an appellate court unfortunately reversed the lower court. In a 2-1 decision, a panel of the U.S. Court of Appeals for Federal Circuit held that federal employees who are paid late during government shutdowns cannot recover damages.

We believe this decision is wrong as a matter of law and unfair to employees. Accordingly, we have filed a “petition for rehearing en banc” with the Federal Circuit—which means we are asking the full 12-member court to rehear and reverse the erroneous 2-1 panel decision. NTEU’s case is the lead case in this effort.

Check for updates on NTEU’s petition and the case in general.                                

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