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Government Delayed Shutdown Pay Violates FLSA Wage Requirements

WASHINGTON D.C. — It appears that the federal government’s partial shutdown last October caused government employers to violate the Fair Labor Standards Act (FLSA). Employees working at federal prisons during last October’s government shutdown received a favorable ruling from the U.S. Court of Federal Claims in their putative class action recently. The U.S. Court of Federal Claims judge ruled that the United States government violated FLSA minimum wage laws when it delayed paying “excepted” government workers for their work during the partial shutdown.

The “Excepted” Claim

The federal employees filed their lawsuit on October 24, 2013, just eight days after the shutdown ended. The putative, or assumed, class members were classified as “excepted.” “Excepted” status meant the employee’s position and function were considered essential to maintaining the basic functions of the federal government, so they were required to work at least one shift from October 1 through October 5. However, the class members claim they did not receive payment for their work during those five days until after the shutdown ended, nearly two weeks later.

The Federal Claims judge determined this delayed pay practice was contrary to the FLSA’s minimum wage requirements and ruled in favor of the federal employees. Despite the favorable ruling, the employees’ wage claim is not over. The federal government will get a chance during proceedings for determining how much the government must pay for the violation to prove that it did not reasonably believe it was violating the FLSA and that it was operating in good faith. If the government can show these things it may be able to avoid paying liquidated damages.

FLSA Pay Period Requirements

The FLSA requires timely payment for all time worked. In other words, employees must receive full payment for their work on the employer’s regularly schedule paydays. During the shutdown federal employees’ wages were either delayed until the end of the shutdown or were reduced below minimum wage levels on their regularly scheduled pay date, then were paid in full after the shutdown.

In this case, the pay period in question covered work that occurred between September 22 and October 5. As such, the affected employees should have received their full wages on October 11, 15, or 17. But all but one of those dates fell during the partial shutdown when employee pay was on hold, so employees only received pay for work that occurred from September 22 through September 30.

Whether or not you were an “excepted” government worker, if your employer has delayed paying your wages or denied full compensation for the time you have worked contact our top-rated team of overtime pay lawyers today at (855) 754-2795 to discuss your rights. Or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your situation. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.

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