For 21 days, more than 400,000 federal employees have worked without pay. Statutory language that evolved into today’s Antideficiency Act was introduced in 1870, setting the ground rules. A 2013 lawsuit and two copycat suits filed during the current shutdown have exposed the cracks in the system governing shutdown pay practice. Requiring employees not otherwise exempt from the FLSA to work without pay violates the clear text of the law. The government, however, contends that its hands are tied by the terms of the earlier federal law.

Source: Washington Post January 11, 2019 22:44 UTC