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Lockdown on Federal Law Enforcement Training Center/ No Compensation

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  • Lockdown on Federal Law Enforcement Training Center/ No Compensation

    So... All of the students currently attending a Federal Law Enforcement Training Center around the country are all currently on lockdown for at least the next 120 days(This will be extended. Students last year were locked down for over 10 months straight). They are not allowed to leave the base, even during non-work hours to include weekends. However, the staff and instructors are free to come and go as they please. This is all under the blanket statement of "Because COVID". That said, 100% of the students on these facilities are vaccinated. After the lockdowns last year, the students were told they could get their freedom back if they got vaccinated. So rather than being locked up, everyone (800-1000 students on base at a time) ponied up and got the jabs. Now they have changed their tune and restricted the students back to base.

    Questions:
    1. Can the government tell you where you can/can't be during non-work hours without compensating you? I read on DOL that if an employer makes you stay at work during off-hours, even when not performing any work, the employee should receive "on-call" pay.

    2. If not compensating the employee and ordering them to stay on the property, is this a 5th amendment issue for restricting freedom of movement?

    3. Is there a "fair and equitable" treatment argument since the facility is allowing staff and instructors to come and go as they please, while denying the students to do the same?

    As far as condition of employment arguments, I don't think in the dozens and dozens of signatures I've given, I ever agreed to being locked on a facility, not allowed to leave, and not compensated.

    Thank you for any advice on this matter. I am soon reporting to the FLETC for a 6 month stay, and I do not prefer to have my personal liberty restricted without compensation.

  • #2
    This forum is very different from the others I've been on. Looking at the threads, there are almost zero responses...... I figured (hoped) there would be a bunch of new lawyers on here looking for different ideas on how to fight these types of cases. Guess I have to look elsewhere.

    Comment


    • #3
      I am NOT an attorney, but I do work as an HR professional/payroll specialist. My husband has been employed in the federal government for about 11 years. In that time frame, he has been furloughed a few times. Furlough is when a federal employee is not paid. If the federal employee is not being paid for work done, such as during a federal government shutdown, the pay for the work must be paid retroactively. If no work is done, it is treated as an unpaid vacation or an on-call situation. During government shutdowns, only essential workers (required for preservation of life and property) are usually working.

      If people are prevented from leaving an area but are not doing work, this would be a quarantine. Given this new delta variant, I wish I could say I was surprised by the continuing quarantine, but I am not.

      The other thing to consider is the presence of a bargaining agreement. Payroll law tends to be different depending on whether a bargaining agreement exists or does not exist, though this may vary between US states. .

      Comment

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