Sarah Mirando  |  March 20, 2015

Category: Closed Class Actions

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federal government

The U.S. Justice Department will be notifying hundreds of thousands of “essential employees” who were required to work during the 2013 government shutdown about their right to join a class action lawsuit and seek additional bonus pay for their work during that time period. An estimated 1.5 million workers were affected by the shutdown.

The Court-approved notices, which began going out March 9, were sent as an email attachment to current employees’ government email accounts. The emails are not a phishing scam, and will be entitled “Notice of Your Rights in a Collective Action Lawsuit Arising Out of the Government Shutdown.” The emails may be staggered over a one- or two-week period.

Former employees, and some current employees – primarily air traffic controllers – will receive a letter through the U.S. mail. The information in the mailed notice will be the same as in the emailed notice and will explain how to join the class action lawsuit. The process for joining the case will be the same regardless of an employee’s agency.

Plaintiffs in the government shutdown class action lawsuit, filed in November 2013, accuse the U.S. government of violating the Fair Labor Standards Act (FLSA) by failing to pay employees on their regularly scheduled payday. The plaintiffs, five Bureau of Prison employees, say they were forced to work for two weeks without a full paycheck until the federal agencies reopened.

Even though employees were eventually paid, plaintiffs allege that these delayed payments were in violation of FLSA rules, so the government owes these employees liquidated damages of $7.25 per hour times the number of hours they worked for the pay period between Sept. 22 and Oct. 5, 2013, in addition to overtime.

The FLSA requires the government to pay workers at least minimum wage, as well as any overtime pay, on their scheduled payday. The class action lawsuit alleges that by delaying pay during the 2013 government shutdown, the workers technically received pay below the minimum wage.

On July 31, a federal judge agreed with the plaintiffs that these late payments were in violation of the FLSA and denied a motion by the federal government to dismiss the class action lawsuit. U.S. Court of Federal Claims Judge Patricia Campbell-Smith did not rule, however, on whether the plaintiffs were entitled to liquidated damages or any financial compensation from the federal government.

The case is currently in the discovery phase, which will end May 25. It’s reported that plaintiffs will file for a summary judgment (i.e., ask the court to grant them compensation) one month after discovery ends. A ruling will be expected sometime thereafter.

Who’s Eligible

Eligible employees include all federal employees who were:

  • Classified as “non-exempt” under the FLSA as of Oct. 1, 2013;
  • Declared “excepted employees” during the October 2013 government shutdown;
  • Worked at some time between Oct. 1 and Oct. 5, 2013, other than to assist with the orderly shutdown of their office; and
  • Not paid on their regularly scheduled payday for that work between Oct. 1 and 5.
Potential Award

Varies. Plaintiffs are seeking liquidated damages at the rate of $7.25 per hour times the number of hours worked from Oct. 1-5, 2013 and double the amount of overtime that was unpaid on the regularly scheduled payday.

Under the FLSA, liquidated damages are meant to compensate employees for the losses they may have experienced due to the delay in payment and uncertainty of when they would receive pay for the work they performed.

The government shutdown lawsuit has not reached a settlement yet, so joining the case does not ensure you will receive money. If a class action settlement is reached, however, only those who join the case by June 29, 2015, will receive compensation.

Join the Case
CLICK HERE TO JOIN THE CASE »

You do not have to wait until you receive a notice from the government to join the case. If you do not receive a notice, but believe that you should, you should contact the law firm representing essential employees in the class action lawsuit, Mehri & Skalet, PLLC, at: shutdownlawsuit@findjustice.com.

[T]here is no risk to employees to join the case. The law firm is fronting all of the expenses of the case and the employees will not have to pay anything if we do not win the case,” Mehri & Skalet explains.

Deadline to Join

6/29/2015

Case Name

Martin, et al. v. The United States of America, Case No. 1:13-cv-00834-SGB, in the United States Court of Federal Claims

Final Hearing

10/21/2013

Court Approved Website
Class Counsel

MEHRI & SKALET, PLLC
1250 Connecticut Ave NW Suite 300
Washington, DC 20036

Contact attorney Heidi Burakiewicz or paralegals Logan Meltzer or Ian Hawkins for more information:
ph: (202) 822-5100
fax: (202) 822-4997
shutdownlawsuit@findjustice.com

NOTE: Top Class Actions is not a law firm or Settlement Administrator. If you have questions about this case, please contact the law firm above for more information.

If you feel you were the victim of an FLSA violation or other labor law violation, obtain a free case evaluation with an employment attorney now.

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5 thoughts on2013 Government Shutdown Lawsuit: How to Join if You’re an Essential Employee

  1. Vanessa says:

    Just what I want to do. Pay government employees more because they want money. It wasnt fair when every corporation has done this to anyone who has worked for those places and not a damn person cared especially the government, but yet these people think they are so special? Its one thing to sue a company who pays out of their own coffers, its another thing to see the citizens of this country. Government employees, how do you sleep at night?

    1. Educated says:

      Lmao… Don’t put every Government employee in the same category as those that make 6 figures… Remember us little people that don’t make big money.

      1. sandra says:

        Congress made that mess it should come out of their pay & they are threatening to do it in September again .Government hostage makers called Congress ,do they even work 150 days a year ?

  2. The Truth says:

    Really? Because government employees dont make enough money? Everyone would be better off if the government shut down forever! Then people would have to take care of themselves and be self-sufficient instead of relying on others tax money. Savages…

    1. Educated says:

      Have you ever worked for the government? No! Not every government employee makes big money. We are some of the most under paid individuals and we do the most work. The shutdown didn’t hurt the people on the top of the pay scale, it damaged those on the bottom.

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