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Reply to "Shut down could not have come at worst time withdraw. Some tap "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I'm sorry you're being forced to work without pay OP. It's unAmerican. Take heart that the border protection workers are suing the Trump administration after being forced to work without pay. https://www.washingtonpost.com/politics/2019/01/09/border-protection-officers-union-sues-trump-administration-over-shutdown-after-missed-paycheck/[/quote] Will this move through the courts fast enough that OP could avoid making her withdrawal?[/quote] Almost certainly not. A private sector employer could never get away with simply not paying workers and the penalties for doing so can be significant depending on the state. But these rules don't apply to federal workers and it is highly uncertain whether a judge could order payments to be made for which Congress has not provided funding. That gets into serious separation of power issues. Now if there was ever an attempt to ultimately not pay Fed workers for time worked (as opposed to just delaying there paycheck) you might have a better case, but again that would take lots of time to wind its way through the court. The lawsuit is nothing more than an attempt to apply some pressure and a PR stunt. [/quote] No, there was a similar lawsuit in 2013 and the employees won. They still haven’t collected damages but The govt is still working on calculations. “During a 16-day shutdown in 2013, a Washington-based law firm sued the government over the funding for President Barack Obama’s health-care law. Attorneys argued that failure to pay federal workers on their regularly scheduled payday violated the Fair Labor Standards Act. A court agreed, ruling that the FLSA requires on-time payment of any minimum or overtime wages earned by employees falling within its coverage. It ordered the government to pay double the amount owed them. About 25,000 employees are still waiting to receive those damages.”[/quote]
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