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. … Read More
Federal Circuit
Boyer v. United States
On September 30, NELA signed on to the National Women’s Law Center amicus brief in Boyer v. United States, in the United States Court of Appeals for the Federal Circuit. The lawsuit was brought under the Equal Pay Act by Dr. Leslie Boyer, a clinical pharmacist at the Department of Veterans Affairs (VA) who was paid less than her male colleague for the same job, even though she had seven years more experience. The VA admitted that they paid Dr. Boyer less because it was based on her salary history. The amicus brief explains that relying on salary history is not a legitimate justification for unequal pay, as it merely perpetuates systemic underpayment of women – particularly women of color. We are grateful to NWLC for the opportunity to sign on to this important brief.… Read More
