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Thread: Federal employees who worked during the 2013 shutdown can join this lawsuit

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    Federal employees who worked during the 2013 shutdown can join this lawsuit

    Federal employees who worked during the 2013 shutdown can join this lawsuit - The Washington Post

    The Justice Department on Monday will notify more than 1 million federal employees that they can sue the government for not paying them on time during the partial shutdown of 2013.

    The alerts, required under a court order, will inform personnel who worked during the budget lapse that they can join a lawsuit claiming the government owes them damages under the Fair Labor Standards Act.
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    The wording is rather odd. If you worked during the shutdown, well that likely only happened if you are "mission essential". Otherwise you didn't work during the shutdown. In some cases employees are paid back for the time off, and that can take time; so not sure if they mean getting paid back late or not being paid on time while not working.
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Quote Originally Posted by American View Post
    The wording is rather odd. If you worked during the shutdown, well that likely only happened if you are "mission essential". Otherwise you didn't work during the shutdown. In some cases employees are paid back for the time off, and that can take time; so not sure if they mean getting paid back late or not being paid on time while not working.
    Looks like they were paid after they worked(i.e. late), since the funds didn't become available until a later date.

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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    I thought that all the government employees affected by the shutdown were paid their wages in full?

    I remember this, because during the shutdown when this was reported, I was thinking that it's only the government that would pay for work not performed.
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Quote Originally Posted by Samhain View Post
    Looks like they were paid after they worked(i.e. late), since the funds didn't become available until a later date.
    So the judge is saying that they are owed the money while not working since not working was not their fault but Congress'; so even though they weren't paid because there was no money, they can sue because there should have been money.
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Quote Originally Posted by American View Post
    The wording is rather odd. If you worked during the shutdown, well that likely only happened if you are "mission essential". Otherwise you didn't work during the shutdown. In some cases employees are paid back for the time off, and that can take time; so not sure if they mean getting paid back late or not being paid on time while not working.
    I assume on time. My state has a law that employees have to be paid at least once every 15 days (I think that is it) if they are hourly workers and at least once a month if they are salaried employees. The shutdown probably threw pay days off since I assume most government employees are paid monthly (actually I assume all are)
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Quote Originally Posted by eohrnberger View Post
    I thought that all the government employees affected by the shutdown were paid their wages in full?

    I remember this, because during the shutdown when this was reported, I was thinking that it's only the government that would pay for work not performed.
    Well the principle is not about work that wasn't performed, but about personnel sent home only because Congress couldn't pass a budget. That is, it wasn't their fault. Not a lack of funds, but a lack of appropriations.
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Quote Originally Posted by Declan View Post
    I assume on time. My state has a law that employees have to be paid at least once every 15 days (I think that is it) if they are hourly workers and at least once a month if they are salaried employees. The shutdown probably threw pay days off since I assume most government employees are paid monthly (actually I assume all are)
    They are paid bi-weekly.
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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Quote Originally Posted by American View Post
    So the judge is saying that they are owed the money while not working since not working was not their fault but Congress'; so even though they weren't paid because there was no money, they can sue because there should have been money.
    No. Its saying that while they were paid for their work time, they were not paid on time. for example, you worked this week, and your wages should have been deposited on Friday, except you didn't get paid until March 30th. You got everything you were owed, but late.

    Damages would be owed if you, for instance, had to pay late fees, interest, etc, apparently, under the Fair Labor Standards Act.

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    Re: Federal employees who worked during the 2013 shutdown can join this lawsuit

    Here's where the confusion is.

    There are two groups. Essential and Non-Essential employees.

    Essential Employees worked during the shutdown in 2013

    Non-Essential Employees did not work during the shutdown in 2013.

    Both types of employees were not paid DURING the 16 days of the shutdown

    Both types of employees recieved back pay for the 16 days of the shutdown

    According to the story, Essential employees are being informed they can sue the government for damages due to the fact they worked those 16 days and yet did not recieve pay on time for that work. The shutdown split between multiple pay periods, so they missed one pay check.

    Non-essential employees cannot join the lawsuit because they were not WORKING during the time, so there was no issue of being paid "on time". But for essential employees, they were actually working and thus not being paid "on time" potentially entitles them to damages.

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