Opt-in Period Opens for FLSA Lawsuit
Eligible employees should join, or “opt in” to, the NTEU lawsuit seeking damages for employees required to work during the shutdown.
Employees are eligible to join if:
they are in a bargaining unit for which NTEU is the exclusive representative;
they are covered by the FLSA (i.e., they are FLSA “nonexempt”); and
they were required to work during the shutdown.
If you are eligible, you can opt in by going to www.nteu-flsa-lawsuit.com. More information about NTEU’s lawsuit can also be found here.
NTEU’s lawsuit was filed in the U.S. Court of Federal Claims and alleges that the government’s failure during the shutdown to pay employees properly and on time violated the Fair Labor Standards Act (FLSA).
Under NTEU-supported legislation, employees affected by the shutdown have now been paid their regular or overtime wages. We realize that some employees have encountered problems with accurate payments. If you have not received your full payment, contact your chapter representative.
NTEU’s lawsuit also requested 100 percent matching liquidated damages. “Liquidated damages” are like interest; they are intended to compensate employees for the delay in payments because of the shutdown. NTEU asked the court for liquidated damages to match any overtime that affected employees did not receive on time; and match the minimum wage payment that the FLSA requires that employees receive on time. This part of the lawsuit is not moot even though the shutdown has ended.
If NTEU prevails in this litigation and the court orders the government to pay liquidated damages, only employees who have joined the lawsuit can recover. Eligible employees should opt in now to preserve their right to compensation.
If you have additional questions, direct them to NTEU-FLSAfirstname.lastname@example.org or call 1-800-240-8051.