Trump administration questions back pay for furloughed federal workers during government shutdown

A draft memo from the White House’s Office of Management and Budget argues that furloughed federal workers should not be paid for the time they didn’t work during the government shutdown, challenging the interpretation of a law President Trump himself signed in 2019. Here’s what you need to know about the controversial memo and its potential impact on hundreds of thousands of federal workers:

The OMB memo argument

White House challenges interpretation of back pay law:

• Draft memo from Office of Management and Budget argues furloughed federal workers should not be paid for time they didn’t work during shutdown
• Memo states Government Employee Fair Treatment Act has been misinterpreted
• Specifically cites line in law that says back pay is “subject to the enactment of appropriations Acts ending the lapse”
• Washington Times confirmed OMB created memo, which Axios first reported
• Unclear how seriously administration is considering raising questions about furloughed workers’ back pay or if draft memo will become official

The 2019 law Trump signed

Government Employee Fair Treatment Act meant to guarantee back pay:

• Mr. Trump signed Government Employee Fair Treatment Act in 2019 during last government shutdown
• GEFTA has been interpreted to guarantee furloughed workers get paid for not working during shutdown
• Law states “an excepted employee required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates”
• Before law was passed, Congress had to approve measures to provide back pay for federal workers affected by shutdown once lawmakers agreed to funding package
• Though Congress always voted to provide pay, there was never a guarantee, creating uncertainty for federal workers

Workers affected by shutdown

Roughly 750,000 federal employees furloughed:

• Roughly 750,000 federal workers have been furloughed during shutdown, according to data from Congressional Budget Office
• Other workers are continuing to do their jobs, but working without pay until government reopens
• Government employees will receive first post-shutdown checks this week
• Checks will be noticeably smaller since they only include pay for few days before Oct. 1 shutdown

Trump’s promises to military

President assures service members of full pay:

• Last weekend, Mr. Trump told members of U.S. Navy not to worry about delayed paychecks
• “I want you to know that despite the current Democrat-induced shutdown, we will get our service members every last penny,” he said at U.S. Navy base in Norfolk, Virginia
• “Do not worry about it. It’s all coming. It’s coming and even more”
• Military is required to work during shutdown

Layoff threats

Administration warns of potential mass layoffs:

• Administration has been threatening mass layoffs of federal workers during shutdown
• “We don’t want to see people laid off. But unfortunately, if this shutdown continues, layoffs are going to be an unfortunate consequence of that,” White House press secretary Karoline Leavitt said Monday

Potential legal challenges

Any move to question back pay likely to face opposition:

• Any move to question workers’ back pay will likely be met with legal challenges from government employee labor unions

Read more:

• Trump team argues workers furloughed in shutdown aren’t entitled to back pay