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2018 Government Shutdown Lawsuit

Kalijarvi, Chuzi, Newman & Fitch, P.C. filed the first lawsuit against the United States government alleging a violation of the Fair Labor Standards Act (“FLSA”) on behalf of federal employees who were deemed “essential” or “excepted” and who were required to work during the partial government shutdown that started on December 22, 2018, but who were not paid on their regularly scheduled pay date.

We are delighted to work with AFGE on this case, however, it is not only for AFGE members. Rather, the case covers all eligible affected federal employees.

Please feel free to continue signing up for the case. If the court allows, we will try to add you to the case. However, the statute of limitations for FLSA claims has passed and there is no guarantee the court will grant our request to extend the limitations period to allow you to join the case.


You are eligible if, during the government shutdown that began on December 22, 2018, you meet all five conditions listed below:

a.     you were a federal employee; and

b.     you were classified as “non-exempt” under the FLSA; and

c.     you were deemed an “excepted” employee; and

d.     you worked for any amount of time on or after December 22, 2018; and

e.     you were not paid for work performed on or after December 22, 2018, on your regularly scheduled payday.


You do not need to pay any money up front to join this case. The attorneys handling the case are doing so pursuant to a contingency fee. Under that agreement if there is no recovery you will NOT have to pay any attorneys’ fees or costs.


For more than 40 years, the lawyers of Kalijarvi, Chuzi, Newman & Fitch, P.C. have helped our clients handle the most sensitive and complex labor and employment law matters — in the U.S. and around the world. From individual claims to high-profile class actions and matters for large labor unions, KCNF’s attorneys are committed to protecting the rights of employees in the workplace and have dedicated our careers to doing so. More information about the firm can be found at www.kcnfdc.com/news/.

Heidi Burakiewicz, who is now a partner at KCNF, previously filed the first case of this kind following the 2013 partial government shutdown. The judge in the 2013 case determined that the government violated the law by failing to pay employees who worked during the shutdown on their regularly scheduled pay day and the government was liable for liquidated damages because it failed to act in good faith.

To read about the 2018 government shutdown case in the media, click here.


Further information about this lawsuit may be obtained from the lawyers at KCNF. You can email them at 2018governmentshutdown@kcnlaw.com.

Although electronic submission on this website is the preferred means of submission and is the most reliable way for you to confirm that your information to join the case was received, you can also contact the firm directly if you need to submit your paperwork via mail, email, or facsimile. You can contact the firm during business hours at 202-331-9260 or via email at 2018governmentshutdown@kcnlaw.com.

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2018 Government Shutdown Lawsuit