Federal Employees Sue Government for Delaying Pay During Shutdown

Five federal employees classified as “essential” and required to work during the recent government shutdown have brought suit under the Fair Labor Standards Act. The theory is that by making them work but not paying them in real time, their agency violated the minimum wage and overtime requirements of the FLSA. They are seeking remedies provided by the law.

All five named plaintiffs work for the Bureau of Prisons, part of the Department of Justice. They have filed for damages not only for themselves but also for all other “essential” employees who were similarly forced to work during the shutdown.

The case was filed October 24, 2013 in the U.S. Court of Federal Claims and has been designated No. 13-834C.

Martin et al v. United States

© 2016 Susan McGuire Smith. All rights reserved. This article may not be reproduced without express written consent from Susan McGuire Smith.

About the Author

Susan McGuire Smith spent most of her federal legal career with NASA, serving as Chief Counsel at Marshall Space Flight Center for 14 years. Her expertise is in government contracts, ethics, and personnel law.

Top