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NATCA News Alert: Urgent Notice to NATCA Members: November 30 Deadline for NATCA Members to Join the Lawsuit for Damages

The deadline is approaching for NATCA members to submit their forms to join the lawsuit for damages for work performed during the December 2018-January 2019 shutdown. A recent court order has directed that any new NATCA plaintiffs must be added to the suit by December 1, 2020. Under the law, this is an “opt-in” lawsuit, meaning that NATCA members won’t be included in the case unless they complete and submit the forms to join. The law firm representing the NATCA plaintiffs (McGillivary Steele Elkin LLP) must receive forms for new NATCA plaintiffs by November 30 in order to process them before the December 1 deadline.

The lawsuit, Baca, et al. v. United States, is currently pending in the United States Court of Federal Claims. The litigation seeks (1) liquidated damages under the Fair Labor Standards Act (FLSA) for the government’s failure to timely pay at least the federal minimum wage to affected NATCA members who worked during the shutdown, and (2) liquidated damages under the FLSA for the government’s failure to timely pay for any overtime work performed by affected NATCA members during the shutdown. NATCA members may be added to the case for these damages even though they received their pay after the shutdown concluded.

More than 7,500 NATCA members have submitted forms to join the lawsuit and have been added to the case.

In order to be added to the suit, NATCA members (1) must have worked during the December 2018-January 2019 shutdown (2) in an FLSA non-exempt position. (FLSA non-exempt positions are those that are subject to the FLSA’s minimum wage and overtime requirements. NATCA members can check the FLSA status of their position by reviewing their earnings and leave statements. The FLSA classification of the member’s position is indicated in the “Basic Information” box of their statement.)

Those NATCA members who worked during the shutdown but haven’t yet joined the lawsuit and would like to do so must:

  1. Download the forms here,
  2. Complete the forms,
  3. Submit the completed forms by email to sdp@mselaborlaw.com,
  4. Or send the completed forms by U.S. mail to the following address:

McGillivary Steele Elkin LLP
Attn: Sandy Patel
1101 Vermont Avenue, NW
Suite 1000
Washington, D.C. 20005

Completed forms MUST BE RECEIVED BY McGillivary Steele Elkin NO LATER than the close of business on Monday, Nov. 30, 2020.

Several other law firms have brought similar suits on behalf of other groups of federal employees. NATCA members should join the NATCA lawsuit as it presents claims unique to our members’ situations that the other lawsuits do not, and employees may only participate in a single suit. NATCA is covering the out-of-pocket costs for the lawsuit, and the attorneys handling the case will receive a contingent fee determined by the recovery.

Questions regarding the lawsuit may be submitted to shutdownlawsuit@natca.net.