Key Points:
- A draft White House memo suggests not all furloughed federal workers will automatically receive back pay following a shutdown.
- The new interpretation conflicts with the Government Employee Fair Treatment Act of 2019, which historically guaranteed back pay.
- Unions, lawmakers, and legal observers warn of legal challenges if the administration acts on the memo.
Memo Contradicts Earlier Guarantees
The Trump administration is signaling a major shift: federal workers furloughed during the current government shutdown may not be guaranteed automatic back pay, according to a circulating draft memo from the Office of Management and Budget (OMB). The memo argues that only “excepted” or essential employees are entitled to automatic pay, while furloughed workers’ compensation would require explicit congressional appropriation.
President Trump, when asked, said it “depends on who you’re talking about,” adding that some employees “don’t deserve” back pay. The posture marks a departure from past administration statements and official guidance indicating that all furloughed employees would receive retroactive pay once the shutdown ends.
The memo’s novel legal interpretation centers on a clause in the 2019 law stating that pay is “subject to the enactment of appropriations Acts ending the lapse.” The administration contends this means Congress must explicitly fund back pay, rather than it being automatic. Meanwhile, agencies like the Office of Personnel Management (OPM) have maintained prior guidance that retroactive pay is required under law.
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Outcry from Unions, Lawmakers, and Legal Experts
Union leaders and Democratic lawmakers fiercely objected to the memo, calling it an abuse of power that punishes dedicated public servants. The American Federation of Government Employees labeled the argument “frivolous” and a misinterpretation of the statute.
Sen. Patty Murray (D-WA), top Democrat on Appropriations, denounced the memo as a baseless attempt to scare federal workers. “The letter of the law is as plain as can be — federal workers, including furloughed workers, are entitled to their back pay following a shutdown,” she declared.
Some Republicans joined the backlash. Senate Majority Leader John Thune described back pay as “a fairly standard practice,” while Sen. John Kennedy asserted that the president cannot unilaterally deny pay that Congress has legislated.
Legal analysts predict swift court challenges if the administration attempts to withhold pay. Critics argue the draft memo is inconsistent with the 2019 law’s clear intent and with prior federal practice across dozens of past shutdowns.
As the shutdown lingers and debate intensifies, federal employees await clarity. Whether back pay becomes lever for political pressure, or whether courts will uphold federal workers’ rights, remains uncertain—but the stakes for hundreds of thousands of workers are enormous.
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