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Posts Tagged ‘Government Shutdown’

Shutdown pain drags on for federal contractors, who won't get back pay unless Democratic bill passes

Thursday, January 31st, 2019

One of the key post-shutdown tests for Senate Republicans will be this: Do federal contract workers get back pay? Those workers, many of them among the lowest-paid in the government, didn’t get back pay after the 2013 shutdown, and it will only come this time through a separate bill, which Democrats have introduced, including up to $965 a week in back pay plus any sick days that people used to get through the shutdown.

The shutdown caused pain for hundreds of thousands of workers, perhaps most of all for these workers largely earning between $450 and $650 a week, more than a thousand of them in the expensive Washington, D.C., area, and without any guarantee, or even strong hope, of getting back pay when government reopened. Unemployment benefits weren’t a good answer, as one Smithsonian security guard discovered: The checks took weeks to start arriving and were hundreds of dollars short of his pay.

National Portrait Gallery cleaning supervisor Audrey Murray-Wright told the Washington Post that she couldn’t afford her blood pressure medication—which presumably would have been particularly important as she looked at a stack of bills she was behind on—but the worst part was that “I never, ever want to tell my son, ‘Don’t drink all that milk so you can save your brother some.’”

These people do important work for the government, for low pay. They deserve back pay every bit as much as if their checks came directly from the government rather than through a private company with a government contract. So, will Senate Republicans vote for, and Donald Trump sign, a bill to make them whole?

This blog was originally published at Daily Kos on January 29, 2019. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at Daily Kos. 

As shutdown becomes longest in U.S. history, federal employees sue over working for no pay

Monday, January 14th, 2019

The government shutdown dragged on for a 22nd day on Saturday, making it the longest in American history. On Friday, 800,000 federal employees went without their paychecks. And though President Trump insists “the buck stops with everybody,”  51 percent of Americans are placing blame for the shutdown him and him alone, according to a Reuters/Ipsos poll.

On Friday, federal employee unions filed a lawsuit accusing the government of violating federal labor laws by forcing “essential” employees to continue to work through the shutdown, even though they aren’t being paid. These unions — the National Federation of Federal Employees, the National Association of Government Employees, the National Weather Service Employees Organization — have sued in the U.S. Court of Federal Claims. They allege that by not paying workers minimum wage and overtime, the federal government is violating the Fair Labor Standards Act.

In a statement, NFFE National President Randy Erwin said:

“In this country, when a worker performs a day’s work, he or she is entitled to a day’s worth of compensation. That is how working people provide for their families. Because of the chaos this wasteful government shutdown is causing, the government is trying to pay people in I.O.U.s. With this lawsuit we’re saying, ‘No, you can’t pay workers with I.O.U.s. That will not work for us.’”

The National Air Traffic Controllers Association also sued the federal government Friday, as its workers, too, work sans pay throughout the shutdown. Their lawsuit argues that the administration is in violation of the Fair Labor Standards Act as well as the Fifth Amendment, asserting that it “unlawfully deprived NATCA members of their earned wages without due process,” as the group wrote in a press release. According to The Hill, NATCA is asking for a hearing on its motion for a temporary restraining order against the government.

Politico reports that the Office of Management and Budget is working on “a special mid-cycle pay disbursement for impacted agencies” so that employees can be paid swiftly — that is, once the shutdown ends.

One thing that would not end the shutdown, according to the White House, is the declaration of a national emergency, a move Trump is said to be giving serious consideration.

Sources told Politico that White House officials have urged congressional Republicans to manage their expectations about the shutdown coming to a speedy conclusion in the event that Trump declares a national emergency at the border.

This article was originally published at ThinkProgress on January 12, 2019. Reprinted with permission. 

About the Author: Jessica M. Goldstein is the Culture Editor for ThinkProgress.

Federal workers protest against government shutdown across the country

Tuesday, January 8th, 2019

As the partial government shutdown stretches into its third week — making it the second longest shutdown in U.S. history — federal workers in Philadelphia took to the streets Tuesday to protest the White House and congressional inaction that has left them without work and pay for 18 days.

About 150 workers from various government agencies, including the Transportation Security Administration and the Department of Housing and Urban Development, joined the rally organized by the American Federation of Government Employees (AFGE), with the support of the National Treasury Employees Union (NTEU). Organizers called for an end to the shutdown that began late last month over President Donald Trump’s demand for $5 billion in funding to build a wall along the U.S.-Mexico border.

Nearly 800,000 federal workers across the country have been affected by the shutdown.

“It is unconscionable that many employees are having to work – and in some cases overtime – with no pay whatsoever,” NTEU National President Tony Reardon said in a press release Monday. Reardon’s organization filed a lawsuit against the Trump administration Monday, alleging that the shutdown violates the Fair Labor Standards Act by requiring federal employees to work without pay.

“Many of us used our credit cards to pay for Christmas and now we’re being hit with high interest rates on that. So, it’s really overwhelming,” Jan Nation, a protester who works for the EPA, told NBC Philadelphia Tuesday. “We don’t want a wall, we want to do our jobs.”

Philadelphia rally organizers also plan to travel to Washington, D.C. on Thursday for a second protest outside the AFL-CIO headquarters. Several hundred workers from multiple unions are expected to attend Thursday’s protest, which will be followed by a march to the White House.

Federal workers in St. Louis and Boston have also organized or plan to hold rallies in opposition to the government shutdown, despite Trump’s comments to reporters last week that federal workers “agree 100 percent with what I’m doing.”

In St. Louis, which is home to a U.S. Department of Agriculture office that employs 1,200 federal workers, a small contingent of USDA employees spent much of last Friday and Monday rallying outside their offices.

“We’re just tired of being held hostage,” Don Pusczek, a USDA accountant, told the St. Louis Post-Dispatch Friday. “The longer it lasts, the more the bills pile up and don’t get paid.”

Federal workers in Boston also plan to hold an AFGE-organized rally Friday outside the offices of the Environmental Protection Agency in the city’s Post Office Square.

“Federal employees want to go back to work. They believe in their mission and want to provide quality services to the American people,” AFGE President J. David Cox Sr. said in a statement Monday. “These are real people, with real lives and real responsibilities. It’s time to end this shutdown, open the government, and get federal employees back on the job — with pay.”

This article was originally published at ThinkProgress on January 8, 2019. Reprinted with permission. 

About the Author: Elham Khatami is an associate editor at ThinkProgress. Previously, she worked as a grassroots organizer within the Iranian-American community. She also served as research manager, editor, and reporter during her five-year career at CQ Roll Call. Elham earned her Master of Arts in Global Communication at George Washington University’s Elliott School of International Affairs and her bachelor’s degree in writing and political science at the University of Pittsburgh.

The Shutdown: How It Hurt, What We Learned, Where We Go from Here

Tuesday, October 22nd, 2013

seiu-org-logoFor working people across the country, the week ends with a mix of relief and frustration.

The hundreds of thousands of federal workers who had been furloughed during the 16-day government shutdown were glad to return to their jobs, freed from the anxiety of not knowing when they’d get another paycheck.

SEIU appreciates the strong stand President Obama, Senate Majority Leader Harry Reid (D-Nev.), House Minority Leader Nancy Pelosi (D-Calif.) and others took to defend the Affordable Care Act. And now, a window is open for negotiations on reversing the devastating sequester before the next round of cuts, scheduled for January.

At the same time, we can’t ignore that the shutdown hit working families hard. It did real damage–costing the economy $24 billion, according to Standard & Poor’s. That’s a staggering impact from what SEIU President Mary Kay Henry called a “crisis manufactured by the far-right wing of the Republican Party.”

That number–$24 billion–is unimaginably big, so consider one person’s story: LaShante Austin, a member of SEIU 32BJ, told MSNBC if the shutdown had not ended, she was not going to be able to pay rent. “I have got to put food on the table. I can’t tell the bill collectors, ‘Sorry, the government’s shut down,'” she said. Austin is a security officer at the Statue of Liberty, a symbol of American greatness.

Don’t working people like LaShante Austin deserve better from America’s leaders?

Congress must now debate and pass a budget to fund the federal government in the new year. A bipartisan committee with members from both the House and the Senate has until mid-December to issue recommendations. If the committee fails, the government could shut down again Jan. 15 and the debt ceiling could be reached Feb. 7.

This committee must meet its deadline, but it must also resist making decisions that would continue to fund vital services at austerity levels. Nor should members of Congress try to undermine retirement security in pursuit of a bogus “grand bargain.” We must work to change the economic narrative and reverse the politics of austerity. The shutdown is over, but the fight continues to improve the lives of working people. Sign up to receive updates as the budget committee gets to work.

Averting the crisis has also given Washington, D.C., the chance to focus again on immigration reform–something President Obama pledged this week to do.

The time is now for commonsense immigration reform, and you can add your voice!

SEIU, Reform Immigration For America (RI4A) and the Campaign for Community Change are taking the fight to social networks in a big way. Join us in calling on Home Depot, Wells Fargo, Bank of America and Dominos to use their influence to build support for immigration reform.

This article was originally printed on SEIU on October 18, 2013.  Reprinted with permission.

Author: SEIU Communications.

It’s the Final Countdown: How the Government Shutdown Affects Labor and Employment Law

Tuesday, October 1st, 2013

HymanJonathanTIn case you haven’t heard, as of 12:01 a.m. this morning, the federal government is closed. Your business will feel this shutdown in many ways, including in your interactions with the federal agencies that enforce the various labor and employment laws. Each has posted on its website a contingency plan for operations during the shutdown.

For example, the Equal Employment Opportunity Commission:

  1. Will accept and docket new charges, and examine if immediate injunctive relief is necessary.
  2. Will not conduct any investigations.
  3. Will not mediate any charges.
  4. Will not have staff available to answer questions or respond to correspondence.
  5. Will not litigate, unless a court denies a request for extension of time.
  6. Will not process any FOIA requests.

The Department of Labor and the National Labor Relations Board have each posted their own detailed shutdown plans. The bottom line, however, is that except for services that are absolutely essential, federal agencies will be closed until Congress works out its financial issues.

Federal courts, meanwhile, will remain open for business as usual for at least 10 business days, after which the Judiciary will reassess the situation.

Other federal services impacting employers that will be temporarily shuttered include e-Verify and the IRS.

While it difficult to predict how long this shutdown will last.The last shutdown of the federal government, spanning the end of 1995 to the beginning of 1996, lasted 28 days.

For now, if you have active matters with any federal agencies, expect for them to be on hold. Please remember is that while the EEOC and other agencies might be temporarily out of business, the laws that they enforce are not.

This article was originally printed on Ohio Employer’s Law Blog on October 1, 2013.  Reprinted with permission.

About the Author: Jonathan Hyman is a partner in the Labor & Employment group of Kohrman Jackson & Krantz.

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