The Trump administration is warning federal workers furloughed in the government shutdown that they may not get back pay once the funding impasse ends, which some lawmakers are decrying as illegal.
A memo prepared by the Office of Management and Budget says a 2019 law signed by President Donald Trump guaranteeing retroactive pay after a shutdown did not apply to employees who have been temporarily asked not to report to work.
On Tuesday, Trump told reporters that back pay depends on who we're talking about and that some workers don't deserve to be taken care of.
About 750,000 employees are currently foregoing their regular pay as the shutdown nears the end of its first week.
The top Democrat in the US House of Representatives, Hakeem Jeffries, disagreed with Trump's interpretation, stating, The law is clear — every single furloughed federal employee is entitled to back pay, period. This memo, prepared last week, clarifies the obligations of the government concerning essential employees required to work during a shutdown versus those furloughed.
The memo also suggests that while essential employees will receive their pay, the government is not obliged to retroactively compensate furloughed workers. Notably, the 2019 law was enacted following the last significant shutdown that extended over a month.
The current shutdown began on October 1. With both parties failing to reach an agreement on funding, the deadlock continues as Republicans and Democrats present conflicting resolutions. Congressional records reveal Republican House Speaker Mike Johnson's acknowledgment of legal scrutiny around the back pay issue.
The OMB's memo has faced backlash from Democratic lawmakers, with Senator Mark Warner labeling its guidance as totally illegal and suggesting that it aims to undermine federal workers. Some Republicans also question Trump’s stance, emphasizing the need to assure furloughed workers of their pay.
As discussions about the implications of the shutdown and its impact on federal employees unfold, the pressure mounts on Congress to resolve the impasse for the sake of those affected.