In July 2014, Chief Judge Patricia Campbell-Smith of the U.S. Court of Federal Claims denied the United States Government’s Motion to Dismiss in our case challenging its failure to pay essential non-exempt employees minimum wage and overtime compensation when due during the October 2013 government shutdown. In the decision denying the motion to dismiss, Chief Judge Campbell-Smith held that the government violated the FLSA by paying minimum and overtime wages even one pay period late.
The case has since been conditionally certified as a collective action and notice has been sent to the hundreds of thousands of federal employees affected by the case in early 2015. The parties are currently engaged in discovery on the remaining issue of whether the government can meet its burden of establishing that it does not have to pay liquidated damages for this FLSA violation. For more information about this case, please visit www.shutdownlawsuit.com.