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.
Formally lay them off or just fire them.
LOL! Wouldn't that be nice - as if Federal employees can be treated just like the ones in the private sector!
Uh, nope. Can't be done.
Who is she expecting to pay her fees? Will she take 1/3 of the settlement and divide the rest amongst the workers?
The issue I see here is that the government is effectively making slaves or indentured servants. The former is prohibited by the US Constitution, the latter can be done only as a punitive measure after a conviction in a court of law.
What ever happened to the old “tried and true” Union Strike War Chest that provided subsistence funds for members?
Oooops, the union executive panel gets first dibs, eh?
Probably the unions. After Janus, the unions could use the fight as a recruiting tool.
Janus.
Are they being forced to work? that is slavery. I doubt they are being forced to work.
Failure to pay employees for their legitimate work is wrong and illegal. It doesn’t matter who is president at the time.
If you can’t pay, you lay off (not fire! “lay off means temporary!) The employee then can collect unemployment.
I personally haven’t any idea what it’s like to be a federal employee, but on a philosophical level, I don’t believe that 78% of the government should be able to continue operating as usual but employees are asked to work without pay.
I’m all for the shut down. Don’t get me wrong.
If democrats cared more for the little guy than their hate for Trump, they’d give in on the paltry 5B (nothing in the budget) for the wall and it would be done.
But the aristocracy in Washington prove that their only care for the little guy is when they need to use them for lip service.
I agree, would be best for Trump to just furlough these people, but who is forcing them to work?
Isn’t it an option?
Federal workers have always gotten paid when the government shuts down. Some lawyer sees this as a get rich opportunity. The ones that come up short are the essential workers that have to work while the non essentials get free vacation time.
:: If you can’t pay, you lay off ::
And, when the inmates riot, kill a few snitches and run rampant on the local populace (knowing that when the guards return, they will be quickly and peacefully rounded up and placed back into prison), we can just sit back and say “See! I told you walls don’t work.”
I read somewhere, where the gov’t is providing info on how to file for unemployment.
I think working is optional.
It’s part of the so if you don’t like find another job
Isn’t it an option?
Once your fed-boss puts your name on an ‘essentials’ list...you have to show up and work.
I got into this mess back in 2011 while a GS employee in DC. We were preparing for one of Obama’s shutdown exercises. I figured fine, I’d take my cellphone and go off to Atlantic City for a week, and just chill out. Then my boss stepped into the mess, and put my name on a essentials list, and I had to show up at the office during the brief showdown.
I knew guys who were going to repaint their house or renovate during the period...same deal, they were put on an essentials list to show up.
Just try that in the Federal government. It doesn't work that way. You can't lay 'em off, and firing 'em is nearly impossible - plus any that do get fired can sue to get their job back.
Wonderful racket, isn't it?
Behold such “dedicated” and patriotic public servants; NOT!
I wonder if the guys on Omaha Beach hired an attorney or the ones at Pearl Harbor sued because their Sunday, was disturbed?
That was my question too... Just borrow from the union who is supposed to have your best interests in mind.
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