The Trump administration warned Tuesday that there is no guarantee of back pay for roughly 750,000 federal employees furloughed during the ongoing government shutdown, reversing a long-standing policy. A memo from the Office of Management and Budget (OMB), first reported by Axios, argues that Congress must explicitly authorize back pay when funding is restored.
The 2019 Government Employee Fair Treatment Act, signed by Trump during the previous record-long shutdown, requires that workers “shall be paid” once the government reopens. However, OMB’s legal counsel now claims that law only provides authorization—not an appropriation—meaning payment depends on new legislation.
Democrats sharply criticized the move. Sen. Patty Murray (D-Wash.) called it “an attempt to scare and intimidate workers,” saying the law clearly entitles them to back pay. House Speaker Mike Johnson (R-La.) defended the administration’s stance, saying it could increase pressure on Congress to resolve the shutdown.
The standoff continues as both chambers remain divided over health care funding and ACA subsidy extensions.
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