2018 Government Shutdown Lawsuit

Heidi Burakiewicz 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.

The sign-up for the case is currently closed. We may re-open the sign-up process to the extent we successfully challenge the U.S. Court of Appeals for the Federal Circuit’s decision before the U.S. Supreme Court. 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.

WHO IS QUALIFIED 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.

DO I HAVE TO PAY MONEY TO JOIN THE CASE?

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.

WHO ARE THE ATTORNEYS HANDLING THIS CASE?

Heidi Burakiewicz 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.

ADDITIONAL QUESTIONS?

Further information about this lawsuit may be obtained from the lawyers at Burakiewicz & DePriest. You can email them at 2018governmentshutdown@bdlawdc.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 via email at 2018governmentshutdown@bdlawdc.com.