On January 31, 2023, NELA signed on to an amicus brief filed by the Metropolitan Washington Employment Lawyers Association (MWELA), asking the Federal Circuit to hear Avalos v. United States en banc. Eleazar Avalos’ attorneys pushed for en banc review on behalf of the plaintiffs, federal employees who were denied compensatory damages for delayed payment of wages during the government shutdown of 2018–2019. The brief argues that the panel majority erred in carving out an extra-textual exception to the FLSA to relieve the government of liability when it failed to timely pay its employees due to a lack of appropriated funds. The brief argues that the Anti-Deficiency Act (ADA) does not exempt the government from paying liquidated damages under the FLSA. NELA is grateful to MWELA and NELA members Mark Hanna, Murphy Anderson PLLC (DC), Omar V. Melehy, Melehy Law (MD), and Alan R. Kabat, Bernabei & Kabat, PLLC (DC) for asking NELA to join their excellent brief.