The union also contended that even if the federal statute is constitutional, “the
OMB directive that authorizes federal agencies to except employees from furlough is inconsistent with the Antideficiency Act.”
The OMB directive authorizing agencies to designate a huge number of employees as excepted contradicts the narrower language of the Antidefiency Act regarding imminent threats to human life and property, according to NTEU.
In a statement, NTEU National President Tony Reardon, commented, “While a case can certainly be made that some federal employees, such as Customs and Border Protection Officers and others, are protecting human life and property, that line of reasoning gets quite shaky when applied to thousands of IRS employees being called back in order to process tax refunds—and to do so without being paid. That is not how the law works and that is not how this country should work.
Additionally, the union alleged that the government’s failure to timely pay the overtime wages of employees on December 22 is illegal under the Fair Labor Standards Act (FLSA).
