President Trump suggested some federal workers might not receive back pay after a shutdown.
A draft White House memo argues a 2019 law guaranteeing back pay may not apply to furloughed workers.
This contradicts guidance from the Office of Personnel Management and the wording of the 2019 law.
The move is seen as an effort to pressure Democrats during the shutdown negotiations.
The White House memo cites a clause requiring Congressional action to enact back pay, despite the 2019 law's intent to automate this process.
Why This Matters: The potential denial of back pay creates uncertainty for federal workers and raises questions about the administration's adherence to existing laws. It also escalates political tensions during the shutdown.
The controversy stems from a draft White House memo that interprets the Government Employee Fair Treatment Act of 2019 differently than previous guidance. The 2019 law was enacted after a record 35-day shutdown in 2018 to automatically apply back pay to federal employees after any lapse in appropriations.
The memo argues that a clause in the law requires Congressional action to enact back pay, despite the law's intention to streamline the process. This interpretation contradicts the Office of Personnel Management's guidance and an earlier memo from the Office of Management and Budget, which initially acknowledged the law's automatic restoration of pay before being updated to remove that paragraph.
This move is part of a broader strategy by the Trump administration to pressure Democrats during the shutdown, including efforts to cancel grant funding and hold up transportation funding in states that did not support Trump in 2024. The administration has also threatened widespread reduction-in-force efforts at federal agencies.
How to Prepare: Federal workers should closely monitor developments and prepare for potential delays in receiving back pay. It may be prudent to have a financial buffer in place to mitigate the impact of a prolonged shutdown.
Who This Affects Most: This directly affects the roughly 600,000 furloughed federal workers who are now uncertain about receiving back pay.
Q: What does the 2019 law say about back pay for federal workers?
The Government Employee Fair Treatment Act of 2019 guarantees federal workers "shall be paid" when a shutdown ends, whether they were furloughed or continued working.
Q: Why is there a debate about back pay now?
A draft White House memo argues that Congressional action is still required to enact back pay, despite the 2019 law's intent.
Q: What is the White House's justification for this position?
The memo cites a clause in the 2019 law that says workers shall be paid "subject to the enactment of appropriations Acts ending the lapse."
Q: Has this position been consistent within the administration?
No, an earlier memo from the Office of Management and Budget initially acknowledged the law's automatic restoration of pay before being updated to remove that paragraph.
The Trump administration is considering denying back pay to some furloughed federal workers.
This contradicts a 2019 law designed to ensure federal workers are compensated after a shutdown.
The move is part of a broader effort to pressure Democrats during shutdown negotiations.
Federal workers should monitor developments and prepare for potential delays in receiving back pay.
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