Not every federal employee stays home when the government shuts down. Tens of thousands of “essential” workers, including law enforcement officers, park rangers, prison guards and health officials, keep on the clock when the government closes.

Four years ago, 25,000 workers sued for the pay they deserved for working while the lights were off for the 16-day standoff in 2013. The government with a third party is currently calculating the total amount owed to these workers.

Washington-based lawyer Heidi Burakiewicz took on a case in the U.S. Court of Federal Claims after the October 2013 federal government shutdown. A judge ruled in February that the government owed damages to 25,000 employees who continued to work during the shutdown.

Burakiewicz said even though the employees still have not seen their pay, the case has moved quickly. “Litigation is never fast,” she said. Discovery moved along, and “the judge ruled very quickly. We are close to finalizing the process and getting the money to workers soon.”

She added, “It's inexcusable that we are in this position again. Federal workers are going to work—often in dangerous jobs—and won't know if they will be paid.”

The federal government was closed Monday, and regulatory agencies were preparing contingency plans if the funding impasse dragged on. The U.S. Senate reportedly had reached a breakthrough Monday afternoon to resolve, at least temporarily, the dispute.

Burakiewicz of Kalijarvi, Chuzi, Newman & Fitch is lead counsel in at least two cases representing federal workers seeking compensation from the last shutdown. As budget negotiations unfolded in Washington over the weekend, several measures failed, including one that would have continued pay for military and another that would ensure employees would receive retroactive pay.

“The potential is that in this shutdown it could be a very large number, possibly hundreds of thousands of workers, who are affected,” Burakiewicz said. “That could add up. We are working on our current cases, but getting lots of calls and questions about what is going on.”

In Martin et al v. U.S., a collective action on behalf of 25,000 federal employees, a Federal Claims judge found in 2014 that the government violated the Fair Labor Standards Act by failing to pay the essential employees whom it required to work during the October 2013 shutdown on their regularly scheduled pay dates. Burakiewicz said it was the largest Fair Labor Standards Act case in the country.

The court ruled last year the government is liable for liquidated damages to these employees because it did not act in good faith. Those workers, however, are still fighting for those paychecks.

Burakiewicz is also leading a case now in the U.S. Court of Appeals for the Federal Circuit, Marrs v. U.S. The dispute there is over whether the statute of limitation should be extended for several hundred workers who did not get paid during the 2013 shutdown. A judge last year ruled against the workers and Burakiewicz appealed.

Burakiewicz said the federal government did not appear to learn a lesson from the last shutdown. “To me, this is preventable,” she said. “I don't think federal employees should be the negotiating chip. These are people that keep us safe. If they are so important, even in a shutdown, they should not have to wonder if they will be paid.”

Burakiewicz has worked for 18 years representing employees and unions. During her career, she has advocated on behalf of federal employees and secured damages from the government. She won a $20 million settlement in another class action of behalf of 550 female employees of the Federal Bureau of Prisons in Coleman, Florida, who alleged the government failed to take steps to prevent inmates from sexually harassing them.

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