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A union of federal employees on Monday initiated a lawsuit against the Trump administration, alleging that the partial closure of the government illegally forced more than 400,000 federal employees to work without pay.
The partial closure began on December 22nd.
Since then, many federal departments have temporarily closed and postponed indefinite compensation for workplace accidents. Even in this case, employees deemed "essential" or "excepted" had to go to work. The prosecution requested that named complainants and other persons of the same classification be paid wages.
"It is outrageous that the government is waiting for them to work without knowing when they will receive their next paycheck," said senior counsel Heidi Burakiewicz during the summer break. an interview. with the Washington Post
The government's stalemate stems from President Trump's $ 5 billion claim against a wall at the US-Mexico border. On the tenth day, the stalemate does not seem to move.
Washington-based Burakiewicz law firm, Kalijarvi, Chuzi, Newman & Fitch, and the US Federation of Government Employees, the largest union of federal employees, filed the lawsuit. the stop came in his second week. This is the first legal action to address the effects of the closure.
[Trump invites congressional leaders to White House for border security briefing]
According to court records, the "essential employees" of the government are those who "perform urgent work involving the safety of life or the protection of property". are dangerous, but necessary, to the proper functioning of a democracy.
"All jobs we consider" first responders "are probably considered essential," she said, citing border patrol officers, law enforcement officers and federal firefighters. as an example.
The two named complainants, Justin Tarovisky and Grayson Sharp, are Correctional Officers at the Federal Bureau of Prisons. Both are also considered essential.
"They work in a dangerous job, they are badly understaffed and now they do not know when they will be paid," she said, adding that "essential" employees will continue to bear the cost of travel to get to work, such as gas and child care. Without knowing how long the closure will take, many workers may be forced to make difficult choices.
"They can be paid payroll, have cellphone bills, mortgages … This is unacceptable for any employer, but especially for the US government." Burakiewicz argued.
[Why shutdown season has gotten particularly touchy]
His Cabinet sued the government during a 16-day shutdown in 2013 over funding for President Barack Obama's health care law, arguing that failing to pay federal employees on their regular payday violated fair standards. The Court agreed, saying that the employees had to know when they would receive their pay check and ordered the government to pay double the amount due to them. The 25,000 employees are still waiting to receive this damage.
Employees are paid every two weeks, and because of the closure schedule set at the end of December, only unpaid overtime employees, Tarovisky and Sharp can sue. The next pay cycle ends at midnight on January 5th with the expected payday shortly thereafter. If the closure of the government is still going on and no "essential" employee receives a salary, legal proceedings will be open to all.
Of the 2.1 million federal workers employed in the country, the Washington Post announced that about 800,000 would be affected.
According to CNBC, 420,000 federal employees are considered "essential". At least 380,000 other federal employees are considered "non-essential". They were put on temporary leave until closing. The fired employees cover the departments of Commerce, Transportation, Housing and Urban Development, as well as the Forest Service, the National Parks Service and the IRS.
Not exercising governmental functions, they have no recourse in case of financial harm suffered. 19659019] Since Dec. 22, Trump has continued to defend his positions on the wall of the border and the closure of the government, even stating that many federal employees have encouraged him not to hesitate.
Tony Reardon, President of the National Union of Treasury Employees, representing 150,000 people Members of 33 federal departments and agencies described the closure as a "parody".
In a survey of 1,500 union members, the Washington Post had previously indicated that about 85% of them said they had limited spending on vacation or planned to do so because 39, income uncertainty. "Federal employees should not pay the personal price for all this malfunction," said Reardon.
Like Reardon, Burakiewicz said federal manpower should not be used as a pawn.
"This reflects a total lack. to understand who is affected by this judgment, "she said. "Federal workers overwhelmingly want this to end. The fact that we had just filed this complaint jointly with the largest union of federal workers confirms this.
In a statement issued Monday, J. David Cox, National President of the union, wrote that forcing federal employees to work without pay is "
" They deserve the decency of knowing when their next salary will be paid to them and that they will be paid for their work, "he said. "Our intention is to compel the government and the administration to restore the integrity of all federal employees."
Philip Rucker and Lenny Bernstein contributed to this report.
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