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.
Politics / Federal Government
President Trump is floating the possibility of denying back pay to some furloughed federal workers after a government shutdown, despite a 2019 law ensuring they are compensated. This move has sparked controversy and legal questions.
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.
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.
A draft White House memo argues that Congressional action is still required to enact back pay, despite the 2019 law's intent.
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."
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.
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