Lake Wales, FL asked in Employment Law, Gov & Administrative Law and Constitutional Law for Florida

Q: Some Federal employees are called to work without pay during the shutdown. Is this a violation of the 13th Amendment?

I'm curious of your views. I can't really find anything about if this would even apply.

2 Lawyer Answers

Charles M. Baron

Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're working for POSTPONED wages. But at SOME point, there would be a good argument that postponement for X period of time, with absolutely no end in sight, is the constitutional equivalent of slavery!

1 user found this answer helpful

Timur Akpinar

Answered

A: With the shutdown, there is the eventual, anticipated return to normal work conditions.

Tim Akpinar

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