The NATCA, who requested an expedited hearing to receive a temporary restraining order against the U.S. government, alleges Washington is in violation of the Fifth Amendment of the constitution by unlawfully depriving them of their wages without due process. In addition, the union's lawsuit claims that the federal government is in violation of the Fair Labor Standards Act (FLSA) because air traffic controllers, who have been deemed "essential" workers, have been on the job since the shutdown began three weeks ago but have not been getting paid at least the minimum wage for their work. In addition, the suit alleges that earned overtime pay was not dispersed as well.
"The FLSA guarantees on-time payment of overtime wages earned for all covered employees...on the employee's regularly scheduled payday," wrote attorneys for the union in its suit. "Defendant has violated and continues to violate the provisions of the FLSA alleged herein in an intentional, willful, and bad faith manner."
To read the redacted suit, please click here.
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