Reign of Pain Update: Federal Workers "Sue Trump"

At least implied in the headline at Da Hill, Federal workers union sues Trump admin over government shutdown

One of the country’s largest unions representing federal workers is suing the Trump administration over the government shutdown, claiming that it is illegal to require employees to work without pay.

The American Federation of Government Employees (AFGE) union released a statement on Monday announcing its lawsuit as the shutdown stretches past a week.

The lawsuit, filed in the U.S. Court of Federal Claims, alleges that the federal government is in violation of the law by requiring some federal workers, many of which are represented by the union, to work without pay during the shutdown.

“Our members put their lives on the line to keep our country safe,” J. David Cox Sr., president of AFGE, said in the release. “Requiring them to work without pay is nothing short of inhumane. Positions that are considered ‘essential’ during a government shutdown are some of the most dangerous jobs in the federal government.”

But this isn't our first shutdown. What's happened in the past?  Government Must Pay Damages to 25,000 Feds Who Worked During 2013 Shutdown. Note that it took 4 years to come to fruition.

The government must compensate 25,000 federal employees for damages they incurred during the 2013 shutdown, a federal judge ruled this week in a case filed more than two years ago.

U.S. Court of Federal Claims Judge Patricia Campbell-Smith ordered the compensation for the individuals who signed onto the collective action lawsuit against the government, alleging a violation of the 1938 Fair Labor Standards Act. More than 200,000 employees who were forced to work during the shutdown because their salaries were paid from non-annually appropriated accounts or because their jobs protected life or property were eligible to join the case. While their pay was guaranteed, they did not receive it until the shutdown concluded after 16 days.

The exact damages for each of the more than 25,000 employees who proactively signed onto the case will vary for each individual, according to Heidi Burakiewicz, an attorney at the law firm Mehri & Skalet, which is representing the workers. The plaintiffs will receive $7.25—the federal minimum wage—times the number of hours worked between Oct. 1 and Oct. 5, 2013, the period in which paychecks were delayed. This amounts to $290 for employees who worked eight-hour days, plus any overtime they are due. If employees worked the first two days of that week—Sept. 29 (a Sunday) and Sept. 30—they would have received pay on a normal schedule, which would affect their payout.

Note: no mention of who was President during the 2013 shut down. Who could that have been?

FWIW, I think the government ought to be able to handle this situation (truly essential employees) better. Make agencies set up a contingency fund that provides money to fund the "essential" part of their mission in the event of a funding gap, and them make them stick to it.