Scott Iron / Bloomberg on Getty Images
A judge in Washington, DC, ruled Tuesday that escaped federal workers who are not being paid for a government deadlock must continue their work.
It is a setback for the workers who have filed the lawsuit against the Trump administration.
"Recruiting people to work, as the federal government does without paying them, is unlawful," says attorney Gregory O & #; Duden of the NPR. O & D Duden is General Counsel for the National Treasury Employees Union, which consolidated the lawsuit with a lawsuit by the National Air Traffic Controllers Association.
"We will continue our struggle to correct what we consider to be a flawed decision," O "Duden adds.
The workers had applied for a preliminary injunction that would abolish the obligation to work if O & #; Duden says that he represents about 150,000 people, but looks for relief for 400,000 federal employees who are considered "exempt," meaning they have to work without pay arguing that the government has empowered agencies to "require employers to work in a much broader range of circumstances" than the law requires, and that the law should be deemed unconstitutional and government agencies should stop the workers do their job without pay.
US District Judge Richard J. Leon declined the request According to a preliminary injunction requiring the government to pay its employees or stay home, the Washington Post reports. He allegedly said it was "deeply irresponsible" to issue an order that would keep thousands of workers from working.
In his judgment, Leon maintained the status quo. However, he asked for more government and union information, says O & #; Duden. The lawyer says the judge will hear further arguments on January 31.
The Ministry of Justice, representing the government, rejected the NPR's request for comment.
The NTEU represents workers from the Internal Revenue Service, US Customs and Border Guard, the Environmental Protection Agency, the National Park Service and several other offices. The National Air Traffic Controllers Association represents approximately 24,000 US aviation officials working without pay during downtime, The Post reports.
[Judge Leon] stated that he believed federal employees would be paid in the end. They might or might not be well paid, "says O Duden to NPR, who said that although Congress and President Trump have expressed interest in repaying wages paid workers, he said," The president is changing his mind, and I do not think that one can assume that they will end up being paid.
The Shutdown is the longest in US history and had far-reaching repercussions on thousands of workers.
Admiral Karl Schultz, Commander of the US Coast Guard, tweeted "To the best of my knowledge this is the first time in our nation's history that US military personnel have not been paid during a time limit. "He has posted a letter to Coast Guard members, saying that USAA has donated $ 15 million to the Coast Guard's Mutual Assistance Program.
Today, you will not receive your regularly scheduled paycheck, to the best of my knowledge first time in the history of our nation that military personnel of a US Forces were not paid during a time limit Read more: https://t.co/5tLzGhK2nt pic.twitter.com/J2o00zWm0k
– Admiral Karl Schultz (@ComdtUSCG) January 15, 2019
Federal employees have gone to dinner  The Jamiles Lartey of The Guardian shares with NPR's All Things Considered that the Closure has become too great an impact on black workers.The African Americans rely on the wages and job security of the government work they have done in the past in the priv It was hard to find the sector, she says. Black-owned firms are also more likely to work with federal contracts that do not receive salary payments.
The attorney O & #; Duden hopes that the next court hopes the hearing will make progress on the exemption of 400,000 exempt federal employees from their obligation to work without pay.
"Today there was no victory," admits O & # 39; Duden. "I think that's part of a process, and our fight continues."
Earlier complaints to get back wages and damages from the government took years to find a solution. Attorney Heidi Burakiewicz represents two people working in the Federal Penitentiary Office and is also suing the government for closure this year. She tells All Things Considered that it took her four years to win a lawsuit she had filed on behalf of federal workers during the closure of 2013.