NEW YORK — A U.S. Court of Federal Claims judge recently ruled on behalf of tens of thousands of federal government employees seeking back pay and overtime for their work during the 2013 government shutdown. The claim started out as a much smaller suit brought on behalf of federal workers for the Bureau of Prison alleging the delay of paychecks from the 16-day shutdown constituted a violation of the Fair Labor Standards Act (FLSA).
The claim alleged that because the government paid its workers later than allowed by law, these employees technically worked for less than minimum wage. The judge’s ruling gives each employee the federal minimum wage of $7.25 for every hour worked during the five-day pay delay during the shutdown.
While exact calculations on the payout are not expected to be completed until April 2017, given the sheer number of plaintiffs, number of days in the delay, and monetary penalty could add up to a maximum of $7.25 million. However, it is more likely than not that not all the workers accrued 40 hours over the five-day period.
Fair Labor Standards Act Pay Laws
Under the FLSA, all employers (including the federal government) must pay all employees at least $7.25 per hour of work and do so in a timely manner to ensure workers do not face undue hardships. Many courts have interpreted the statute to mean employees must be paid their wages by the following pay period, whether that be weekly, bi-monthly, or monthly.
Furthermore, almost all hourly workers are entitled to receive one and a half times their regular hourly rate of pay when they work above the 40-hour overtime threshold. Like regular wages, the law expects overtime pay to be disbursed in a timely manner,
Although many workers assume their employers are in compliance with the law, the sad truth is that many companies go to great lengths to suppress worker pay and pad their bottom line. In these situations, wage theft victims should contact an experienced overtime pay attorneys to discuss their case.
Government Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.