National Air Traffic Controllers Association suing government over lack of pay during shutdown

Aviation Fatigue_1547237264659

FILE – In this March 24, 2011 file photo, a passenger jet flies past the FAA control tower at Washington’s Ronald Reagan National Airport. The Federal Aviation Administration agreed nearly two years ago with a government watchdog’s recommendations that air traffic controllers’ work schedules be changed to combat fatigue, but did not act on them. […]

The National Air Traffic Controllers Association, NATCA, said they have sued the federal government. 

NATCA announced the lawsuit was filed on Tuesday morning, January 11, in the U.S. District Court for the District of Columbia. 

According to a news release, NATCA filed the suit on behalf of its members who have not been paid for their work since the Federal Aviation Administration’s appropriations stopped in late December. 

The partial government shutdown started on December 22, 2018. 

The association said in a news release that they have requested an expedited hearing for their motion for a Temporary Restraining Order against the United States government. 

NATCA alleges the government violated the Fifth Amendment to the United States Constitution.

The association also alleges that the government unlawfully deprived NATCA members of their earned wages without due process, according to the news release. 

The suit also claims violations of the Fair Labor Standards Act for failure to pay the minimum wage to air traffic controllers and other NATCA members who are excepted from the furloughs during the government shutdown.

NATCA also claims the FAA failed to pay overtime to NATCA members, in violation of the Fair Labor Standards Act.

The association said they seek an order requiring the government to pay its members for the work they have performed as well as “liquidated damages.”

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