NTEU Proceeds with Lawsuit Alleging 2018-19 Shutdown Violated FLSA

NTEU continues to pursue its lawsuit alleging the former administration violated the Fair Labor Standards Act (FLSA) by failing to timely pay employees required to work during the 2018-2019 partial government shutdown.

The FLSA requires that overtime be paid on time and that employees who work be paid at least the minimum wage.

In December, the federal claims court agreed with NTEU's arguments that the FLSA requires employers to pay employees on regularly scheduled paydays. The government has since petitioned the appellate court for review of that ruling. NTEU agreed to the government’s request for review because it benefits all parties to know sooner rather than later if the appellate court believes (as NTEU does) that the lower court’s legal ruling is correct. The appellate court has granted the government's petition to consider the legal issues in this case now, rather than at the end of the case.

Although employees have now been paid their regular or overtime wages, NTEU continues to seek liquidated damages on behalf of affected employees. “Liquidated damages” are like interest; they are intended to compensate employees for the delay in payments because of the shutdown.

We'll keep you updated as NTEU continues to pursue this lawsuit to protect employee pay and prevent possible future shutdowns.