Washington DC, Jan. 12, 2019 - USDA sign at building entrance informing public that the office is closed due to a lapse in federal government funding. Image: DCStockPhotography/Shutterstock.com
By: FEDweek StaffA Washington DC firm has filed a lawsuit seeking to end the practice of forcing certain federal employees to continue working while in unpaid status during the government shutdown.
The lawsuit, filed in federal district court in Washington, DC on Jan. 9, alleges that requiring employees to work while in unpaid status is a violation of the Thirteenth Amendment’s prohibition of involuntary servitude, and also claims that the government is violating the Fifth Amendment by prohibiting certain employees from seeking outside employment – and further, that the practice of compelling some employees to provide unpaid work violates the Constitution’s separation of powers and other federal statutes.
The law firm, Kator, Parks, Weiser & Harris, PLLC, also filed a motion for a temporary restraining order on Jan. 11, asking the district court to “prohibit the federal government from continuing to violate federal employees’ rights.”
That motion, and similar motions from the NATCA and the NTEU were denied Tuesday, Jan. 15. The Court will consider the plaintiffs’ motion for a preliminary injunction and has set a briefing schedule. Oral argument on the request for a preliminary injunction is scheduled for January 31, 2019.
“Federal employees are being told that they must work without pay, and that they are prohibited from seeking other employment to earn income during the shutdown,” said Attorney Michael Kator, adding, “It is beyond ironic that federal employees are doing their jobs with no pay while our elected officials are being paid for not doing theirs.”
Following is an excerpt from the lawsuit:
Plaintiffs Jane Doe I, Jane Doe II, Jane Doe III, and John Doe I bring this action as federal employees who are compelled to work without pay in violation of Articles I and II and the Fifth and Thirteenth Amendments of the United States Constitution; the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., (“FLSA”); the Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342 (“Anti-Deficiency Act”). And, with respect to John Doe 2, furloughed without authorization to obtain outside employment in violation of the Fifth Amendment of the United States Constitution.This item is sponsored by Kator Parks, Weiser & Harris, PLLC. A copy of the lawsuit and other court documents for this case are available at KatorParks.com
