The National Air Traffic Controllers Association (NATCA), the union that represents FAA air traffic controllers, filed a lawsuit today in the U.S District Court in Washington, D.C., on behalf of its members who have not been paid for their work since the government partially shut down three weeks ago.
NATCA requested an expedited hearing on its motion for a temporary restraining order against the U.S. government for violation of the Constitution’s Fifth Amendment. According to NATCA, the government has unlawfully deprived NATCA members of their earned wages without due process.
The suit also alleges violations of the Fair Labor Standards Act (FLSA) for failure to pay at least the minimum wage to air traffic controllers and other NATCA members who are deemed essential and thus continue to work during the government shutdown. Finally, it alleges that the FAA failed to promptly pay overtime to NATCA members in violation of the FLSA.
It is seeking an order requiring the government to pay NATCA members for the work they have performed, as well as liquidated damages.