[Whitfield:] Hundreds of Federal workers forced to work without pay because of the shutdown are not showing up to work at all. CNN has learned hundreds of Transportation Security Administration officers are calling out sick at major airports across the country. Officials with the TSA say at least three major airports are being impacted. CNN correspondent Polo Sandoval is live for us in New York. So Polo, JFK is one of the major airports being impacted. To what extent are others?
[Polo Sandoval, Correspondent, Cnn:] Well, Fred, the situation is so bad that at least two government officials who have been speaking to CNN say that this is now commonly being described as the "blue flu." That's a clear reference to the blue uniforms that you see these personnel wearing and baggage and passenger inspection points. And when you hear from these unions, they say you can expect even more. As you mentioned, here in JFK alone, 170 TSA personnel reportedly called in each day this past week and this number as we mentioned will likely go up.
[Sandoval:] Union officials saying what they believe is behind this. Yes, there are some of these personnel that would be quite upset at not getting paid, but they say that this is now part of one large protest or strike as we've heard in other reports. They say really the reasons are a bit more practical. You have some single parents for example who cannot afford child care, so they stay at home with their kids. Others have to take up other nongovernment jobs that would pay cash essentially to pay their bills because even though the shutdown continues, their obligations obviously for pay or for the bills and the rent do continue. So now the question, how will this affect the traveling public? Union officials are concerned they say they could create a vulnerability, it could create possibly a less secure traveling environment because this could lead to less pat downs, potentially less random searches. But the Transportation Security Administration responding to that in a statement, Fred, I want to read you a portion of what that Federal agency had to say, essentially hoping to calm any concerns for the traveling public. They say calls out began recently over the holiday period and have increased, but they are causing, in their own words, minimal impact. The TSA went on to say that security effectiveness will not be compromised and also performance standards will not change. However, interesting note here, they also write, "Wait times may be affected depending on the number of callouts." And that's very important to keep in mind here, Fred, as we could potentially see perhaps less screening lanes. The TSA will now essentially have to do more with less personnel especially as this government shutdown continues Fred.
[Whitfield:] All right, Polo Sandoval, thank you so much.
[Sandoval:] You bet.
[Whitfield:] So this partial government shutdown is now in its 15th day, and now, it is also facing new legal challenges. This week, the American Federation of Government Employees Union filed a lawsuit against the White House. It claims the shutdown is violating the Fair Labor Standards Act by illegally forcing more than 400,000 employees to work without pay. One of those employees, Justin Tarovisky, a Federal penitentiary worker, who spoke to CNN last weekend about working during this shutdown. Listen.
[Justin Tarovisky, Vice President Afge Local 420, Hazelton Prison:] That could drive morale down, especially if you're an officer that you go into a United States penitentiary every day to protect the community, protect the inmates, and to protect staff and that's going to be on the back of your mind and that can affect you, you know, away from the prison mentally because you're not you're told you're not going to be paid. That could drive your morale down.
[Whitfield:] Joining me right now, the lead attorney representing Federal employees in this lawsuit. Heidi Burakiewicz. Heidi, thanks so much for being with me.
[Heidi Burakiewicz, Lead Attorney Representing Federal Employees:] Thank you for having me.
[Whitfield:] So we just heard your client there talking about his experience, so is this a sentiment that you're hearing from others in a similar situation?
[Burakiewicz:] Absolutely. The number of heartbreaking stories that I've heard from my clients and the Federal employees that I know and that I work with is heartbreaking. Similar to 2013, I heard so many heartbreaking stories. In addition to having to work very dangerous jobs, the employees are under a tremendous amount of stress. No one knows how long this shutdown is going to last or when they're going to get their next paycheck, how they are going to pay bills, put food open the table.
[Whitfield:] So how do you use the President's comments from just yesterday in the Rose Garden perhaps to your advantage potentially in this case where he has said he's very proud of, you know, what is happening here and he says this shutdown could last months if not years?
[Burakiewicz:] That would be devastating on a tremendously large scale for the shutdown to last that long or any longer, quite frankly. I think there's a lack of understanding about the people who are being affected, hardworking, blue-collar Americans. I think AFGE has stated that their average member salary is $500.00 a week. Employees have already received a partial paycheck in which people who worked on December 22nd weren't paid at all. The next payday is coming up soon, and if the shutdown doesn't end, there's going to be a large number of employees who receive no paycheck whatsoever. That could be devastating. I have clients around the country, people who I've worked with, who have had medical problems. As a result, they've depleted their savings. They're not able to save up money. They're living paycheck to paycheck and they don't know what they're going to do.
[Whitfield:] And for so many, they're just now starting to receive all those holiday bills that they were anticipating being able to be on top of with their next paycheck. So you won a similar case against the Federal government during the shutdown in 2013. Do you see some real parallels here in your strategy?
[Burakiewicz:] Absolutely. From my perspective, the legal issues in the 2013 case and this case are identical. The government filed a motion to dismiss in 2013 and the judge ruled in our favor, determining that the government, in fact, violated the Fair Labor Standards Act by requiring these essential employees, the people who keep our country safe, go to work and not pay them on time. The only issue left in the case was whether or not the government was liable for liquidated damages. The judge ruled in our favor on that issue as well determining that the government didn't act in good faith when it failed to pay these employees.
[Whitfield:] So while there was a win, you know, in your category, in that last lawsuit for the 2013 case, still 25,000 employees are still waiting to receive, you know, those damages. So, is there a way in which to prevent that from happening again or even does this current case give you any leverage to try to get those damages awarded to those 25,000?
[Burakiewicz:] Well, the legal issues in the Court of Federal Claims are resolved in the 2013 case. And the government's been calculating damages. Litigation unfortunately never moves very fast. And the government had delays in collecting all the payroll records that it needed for all of the employees covered who opted into the 2013 case. We're optimistic however that this case will move much faster because the legal issues have been resolved. As I said, I find them to be identical legal issues. And we have a framework for how to calculate the damages. I'm optimistic the government at the end of that process and the calculations will soon be finished in the 2013 case. Damages have already accrued now for this shutdown in 2018. As I indicated, employees who worked overtime on December 22nd haven't gotten paid for it. Payday came and went and they didn't get their money. But what's really important, what all of my clients want is for the shutdown to end so they can get back to work, so they can know when they're getting their next paycheck.
[Whitfield:] All right, we'll leave it there. Heidi Burakiewicz, thank you so much for your time. Appreciate it.
[Burakiewicz:] Thank you.
[Whitfield:] All right, meantime, a new generation of Democrats have taken office in Washington. Ahead, the impact that they're having on the party's old guard. Plus, frightening moments inside a bowling alley. Three people shot and killed. We'll have the latest on that investigation.