Wednesday, January 16, 2019

The Federal Employees' Lawsuits Over the Shutdown

Over the last week, three separate lawsuits have been filed against President Trump and administration officials arguing that the government violates due process, the Thirteenth Amendment, the Fair Labor Standards Act, and the Anti-Deficiency Act in ordering certain federal workers to work without pay. In short, the plaintiffs collectively argue that compelled work amounts to a taking of property without due process; that compelled work without pay amounts to involuntary servitude; that the government violates the FLSA by failing to provide on-time payments of overtime wages; and that the government violates the Anti-Deficiency Act by ordering federal employees to work, even if their services aren't needed "in connection with an imminent threat to human life or property" (as required by the Act). (The plaintiffs argue that the government's interpretation of the Anti-Deficiency Act, based on OLC memos, is at odds with the 1990 amendments to the Act. They also argue that this interpretation, and the Act itself, unconstitutionally encroach on Congress's appropriations authority.)

The National Treasury Employees Union complaint is here; the Air Traffic Controllers Association complaint is here; and the anonymous federal employees' complaint is here.

The plaintiffs (again, collectively) seek declaratory relief, back pay and overtime pay, and an injunction prohibiting the government from ordering them to work without pay, among other things.

https://lawprofessors.typepad.com/conlaw/2019/01/the-federal-employees-lawsuits-over-the-shutdown.html

Cases and Case Materials, Congressional Authority, Executive Authority, News, Separation of Powers | Permalink

Comments

So from now on whenever a federal employee asks me to handle a case pro bono my answer will be no.

Posted by: Levino | Jan 22, 2019 3:09:47 AM

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