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Judge Pauses Government Shutdown Pay Case Pending Appeal (1)

Feb. 24, 2021, 4:58 PMUpdated: Feb. 24, 2021, 7:51 PM

A U.S. judge granted the government’s motion to stay proceedings in a proposed class action brought by federal workers seeking accrued back pay from the 2018-2019 partial government shutdown.

The case is paused while the Justice Department asks the U.S. Court of Appeals for the Federal Circuit to weigh in on whether it’s liable for double damages under the Fair Labor Standards Act when it didn’t pay workers during the shutdown in order to comply with the Anti-Deficiency Act.

That law bars the government from spending money that hasn’t been appropriated by Congress, and DOJ is arguing that the government ...