NTEU and FLSA
In January 2019, the National Treasury Employees Union (NTEU), along with lawyers from the private law firm of Bredhoff & Kaiser, PLLC, filed a lawsuit alleging the administration violated the Fair Labor Standards Act (FLSA) by requiring federal employees to work without pay during the partial government shutdown.
The complaint, as amended, was filed in the U.S. Court of Federal Claims on behalf of the tens of thousands of federal employees in NTEU-represented bargaining units who were required to work, even though their agencies had not received appropriations from Congress.
“It is unconscionable that many employees were forced to work – and in some cases overtime – with no pay whatsoever,” said NTEU National President Tony Reardon.
The FLSA requires that all employees covered by the statute be paid on time for any overtime work performed and be paid at least the minimum wage on time for all hours worked during the workweek.
Legislation has now been enacted guaranteeing that employees affected by the partial shutdown will be paid. In its lawsuit, NTEU asks the Court to order payment of 100 percent liquidated damages to match the amount of any overtime or minimum wages that were not paid on time. The FLSA provides for liquidated damages as a means of compensating employees for the untimely payment of overtime or wages.
If you are interested in joining NTEU’s lawsuit, please fill out the form below. The information you provide will be shared only with NTEU. We will not share your information with any other outside organization. To be eligible to join the lawsuit, you must (1) be in any bargaining unit represented by NTEU, (2) be non-exempt (Box 35 of your SF-50 indicates “N”), i.e., covered by the FLSA, and (3) have worked regular or overtime hours during the shutdown.
Neither NTEU nor Bredhoff & Kaiser will ask any employee that they represent to pay any attorneys’ fees, either up front or out of his or her recovery.
You may also be interested in reading the Frequently Asked Questions page for answers to commonly asked questions.