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Fight on: Lawyer files suit on behalf of feds required to work during shutdown
Federal News Network ^ | December 31, 2018 5:16 pm | Tom Temin @tteminWFED

Posted on 01/08/2019 7:03:41 AM PST by COBOL2Java

A Washington attorney has made good on her pledge to file a class action lawsuit against the federal government over the current government shutdown.

Heidi Burakiewicz, a partner at Kalijarvi, Chuzi, Newman and Fitch, filed the lawsuit Monday afternoon in the U.S. Court of Federal Claims. It seeks back pay — including overtime — and liquidated damages for exempted employees forced to work without pay.

Burakiewicz, who filed Monday’s action in conjunction with the American Federation of Government Employees (AFGE), won a similar suit for 25,000 employees in the 2013 shutdown.

Judge Patricia Elaine Campbell-Smith, then chief judge, sided with the plaintiffs. A consultant, Burakiewicz said, is still calculating the damages — equal to twice the pay for the shutdown period. She said because of the precedent from the 2013 case, she is confident the court will again decide in favor of the plaintiffs.

At issue is whether the government is violating the Depression-era Fair Labor Practices Act. In the 2013 case, the judge ruled the government had. At the time, the Obama administration sought to have the case dismissed outright. But the court awarded liquidated, or double, damages because it was found to have knowingly violated the FLPA.

In an interview Monday, Burakiewicz said her real aim is not so much getting cash for her clients as it is forcing the government to fully reopen.

Two plaintiffs named in this afternoon’s suit are Justin Tarovisky and Grayson Sharp, both Bureau of Prisons employees and members of the AFGE union. Burakiewicz said she is particularly sensitive to BOP employees, whom, she said, are working in understaffed, dangerous situations to start with.

Burakiewicz said her law firm would be posting information on how other excepted federal employees can join. She said she was prepared to add all of the estimated 400,000 of them, if necessary.


TOPICS: AMERICA - The Right Way!!; Society
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To: I want the USA back

They are not being “forced to work”. They can quit any time they want.

Or, they can continue working in anticipation of being paid when the budget passes.

Their choice.


21 posted on 01/08/2019 7:42:03 AM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: Openurmind

:: the union who is supposed to have your best interests in mind. ::

Ha! Good one. Y’all wyepeepo tickle me.


22 posted on 01/08/2019 7:48:16 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: afterhoursarmory

Or don’t make them work. If they are that valuable, make them “essential”


23 posted on 01/08/2019 7:50:04 AM PST by AppyPappy (How many fingers am I holding up, Winston?)
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To: pepsionice

If you had worked for a corporation, the Feds would have come after them if you didn’t get paid on time for working.
But the government can make you work even if you can’t get paid.


24 posted on 01/08/2019 7:53:01 AM PST by AppyPappy (How many fingers am I holding up, Winston?)
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To: COBOL2Java

This is an interesting separation of powers case. If the judiciary can order the executive to pay workers without an appropriation, what use is the legislative branch.

I personally think the case should be thrown out but it won’t be and those working and on furlough will be paid in full when a bill is passed and signed by the president.

I hope PDJT refuses to sign any appropriation that doesn’t fully authorize securing the southern boarder with a permanent barrier.


25 posted on 01/08/2019 7:58:32 AM PST by Gahanna Bob
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To: COBOL2Java

No appropriation? No job. The jobs are gone. Would that make these folks happy?


26 posted on 01/08/2019 8:00:38 AM PST by petitfour (APPEAL TO HEAVEN)
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To: Cletus.D.Yokel

The level of gullibility never ceases to amaze me. lol


27 posted on 01/08/2019 8:01:19 AM PST by Openurmind
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To: mountainlion
Federal workers have always gotten paid when the government shuts down.

Not 100% true. It takes an act of Congress, after the shutdown is over, to retroactively give them back pay. Which then the President has to sign.

Up to now, that has been the case. But it's not a guarantee.

28 posted on 01/08/2019 8:02:37 AM PST by COBOL2Java (Marxism: Trendy theory, wrong species)
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To: nikos1121

It is not optional for some agencies. My agency always has money but we are considered essential and if we didn’t have money we would still have to come in.


29 posted on 01/08/2019 8:03:14 AM PST by 31R1O
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To: Openurmind

See. Now you tickled, too.


30 posted on 01/08/2019 8:09:29 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: COBOL2Java

By the time it gets heard the crisis will be over.

But yeah, if they don’t want to work just let them go.


31 posted on 01/08/2019 8:13:44 AM PST by freedumb2003 (As always IMHO)
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To: AppyPappy

I remember this coming up in 1978 as a junior guy in the Air Force, and we discussed as the shutdown approached...just loafing off and not really accomplishing anything. ‘Sarge’ told us that would all lead to paperwork, and loss of a stripe. At the time, the bank on base spoke up and said they’d cover our normal paychecks (if any were not there) and I thought that was a pretty positive deal. I doubt if they’d do that today.

But you are correct, if a company was shutdown and forced you to work....the first one to go and screw with the company would be the US gov’t.


32 posted on 01/08/2019 8:13:50 AM PST by pepsionice
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To: petitfour
No appropriation? No job. The jobs are gone. Would that make these folks happy?

Too bad it doesn't work that way. The jobs don't magically disappear.

33 posted on 01/08/2019 8:15:03 AM PST by COBOL2Java (Marxism: Trendy theory, wrong species)
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To: freedumb2003
But yeah, if they don’t want to work just let them go.

LOL! "just let them go"...

You're funny.

34 posted on 01/08/2019 8:15:55 AM PST by COBOL2Java (Marxism: Trendy theory, wrong species)
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To: COBOL2Java
"Essential" government employees who are working through the shutdown SHOULD be paid. This would be an excellent time for Trump to take a page from the Democrats' playbook. Settle this suit with a concession and a consent agreement to pay the people who are working, in full and on time. Settle it fast. Sign the deal tonight and start cutting the checks tomorrow, before the Democrats can react to what has just hit them.

First, remember that "essential" services are indeed essential. We take them for granted. But we all agree that things like national defense, the Border Patrol, law enforcement, air traffic controllers, public health and emergency response personnel, etc. should continue. They should be immune from hostage taking in the course of budgetary brinksmanship.

What happens if we pay them? Simple. The people doing these essential services will get paid. The hundreds of thousands of federal employees performing non-essential tasks won't. Note that non-essential doesn't mean unwanted or undesirable; YMMV, but I like the National Park Service, the Forest Service and myriad other federal programs whose personnel will get squeezed. But I would concede that these functions are non-essential and are fair game in the budget wars. So....

The fact is, these non-essential federal employees, if it comes down to it, never truly need to be recalled. Their programs don't actually need to restart. Many I would want to keep, but I have my list -- as I'm sure you have yours -- of programs that I'd be happy to trim or eliminate. Let the Democrats know that the time of judgment has come. We're ready to bargain -- but if they want to play scorched earth, we're ready to close these programs down for good, or many of them. And every day the shutdown continues, the price will get higher. If essential services can't be held hostage, the budget cutters have the upper hand. Ya' think Schumer and Pelosi will stonewall border security if it means most of Commerce, HUD, EPA and big chunks of a dozen more departments get shut down for good?

35 posted on 01/08/2019 8:21:01 AM PST by sphinx
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To: rjsimmon

>...the government is effectively making slaves or indentured servants.

I think anyone is allowed to quit. The options are quit or work for deferred pay.
Except for the people that aren’t required to work for deferred pay. In the private sector you’d get a small portion of your pay after a few months. It’s called being laid off.


36 posted on 01/08/2019 8:25:09 AM PST by Do_Tar (To my NSA handler: Just kidding.)
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To: COBOL2Java

Wouldn’t that be great? Congress fails to pass a budget, so all nonessential employees are let go.


37 posted on 01/08/2019 8:25:36 AM PST by petitfour (APPEAL TO HEAVEN)
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To: Cletus.D.Yokel

Reading Wimpy taught me to never fall for it.

“I’d gladly pay you Tuesday for a hamburger today”

He never did pay for one...


38 posted on 01/08/2019 8:28:06 AM PST by Openurmind
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To: petitfour
Wouldn’t that be great? Congress fails to pass a budget, so all nonessential employees are let go.

If by "let go" you mean they voluntarily quit, then yes, that would be great.

39 posted on 01/08/2019 8:30:18 AM PST by COBOL2Java (Marxism: Trendy theory, wrong species)
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To: COBOL2Java

It would be a mess for a while but in the long run we would have a leaner government.

I am willing to take the hit.


40 posted on 01/08/2019 8:30:42 AM PST by freedumb2003 (As always IMHO)
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