Federal prison guards and other government employees forced to work during the shutdown last month have filed a lawsuit claiming they should be compensated for the delay of full payment of their salaries.

The litigation began with five workers from the Federal Bureau of Prisons (BOP) who said the government violated the 1938 Fair Labor Standards Act when it made them stay on the job during the shutdown that lasted until October 17.

More than 500 workers have now joined the lawsuit. Lawyers representing the plaintiffs say the majority of those suing are from the BOP. But workers from other agencies may soon sign on.

Mehri and Skalet, the firm handling the litigation, plan to reach out to all 1.3 million federal employees who worked during the shutdown to let them know they can become plaintiffs as well.

The BOP workers seek compensation of $7.25 times the number of hours worked October 1-5, when paychecks were delayed. This amounts to $290 for those who worked eight hours a day, as well as any overtime due.

-Noel Brinkerhoff

To Learn More:

Hundreds Who Worked During Shutdown Join Lawsuit Against Government (by Eric Katz, Government Executive)

Employees Sue Government Over Shutdown (by Kellie Lunney, Government Executive)

Donald Martin Jr. et al. v. United States (U.S. District Court of Federal Claims) (pdf)

It’s Illegal for Furloughed Federal Employees to Check Work Email during the Shutdown (by Noel Brinkerhoff, AllGov)