Federal workers erupt after White House considers withholding back pay during shutdown
A new White House/OMB legal reading suggests furloughed federal workers might not be entitled to retroactive pay, citing amended GEFTA language that ties compensation to enacted appropriations — a reversal that has sown confusion after agencies had told employees on Oct. 1 they would receive back pay and even as OMB guidance still directs compensation. The shift drew bipartisan congressional outrage, union and worker panic (described as “chaos” by union official Imelda Avila‑Thomas), and concerns about operational impacts — including reports linking air‑traffic controller staffing shortages to thousands of delayed flights — even as some legal experts loudly dispute the administration’s position.
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📌 Key Facts
- The White House/OMB is considering withholding retroactive back pay for furloughed federal workers, citing a new OMB legal reading of amended GEFTA language that says compensation is "subject to the enactment of appropriations Acts ending the lapse."
- House Speaker Mike Johnson publicly said new legal analysis is emerging about whether federal workers can obtain back pay despite the 2019 law guaranteeing such pay.
- OMB guidance still instructs that federal workers should receive compensation, even as the administration weighs a different legal view.
- Congress erupted with bipartisan criticism, with named lawmakers (including Rep. Jamie Raskin, Hakeem Jeffries, Rep. Eugene Vindman, Rep. Don Bacon, Sen. Thom Tillis, Rep. Derrick Van Orden and Speaker Mike Johnson) condemning the White House threat; Sen. Thom Tillis called it "bad strategy."
- Legal and policy experts pushed back: labor attorney Nekeisha Campbell said "there is no legal authority" for OMB's reading, and Sam Berger of the Center on Budget and Policy Priorities also criticized the move.
- Federal workers and unions reacted with alarm—union official Imelda Avila-Thomas called the situation "chaos," describing colleagues' panic, frantic texts about legality and job searches—and confusion was heightened because furloughed employees received paperwork on Oct. 1 guaranteeing they'd get back pay upon return.
- Reporters and officials tied immediate operational impacts to the shutdown, including thousands of flight delays attributed to air-traffic controller staffing shortages.
- President Trump was quoted saying "it depends on who you're talking about" and "For the most part, we're going to take care of our people... There are some people that really don't deserve to be taken care of," signaling selective intent in any withholding decision.
📚 Contextual Background
- Furloughed federal employees typically return to work and receive back pay once Congress resolves a government shutdown.
- A continuing resolution (CR) is a short-term funding measure used to keep the federal government open temporarily while Congress completes the appropriations process.
📰 Sources (4)
Federal workers erupt over latest White House threat to withhold their pay
New information:
- Direct worker and union reaction: named union official Imelda Avila-Thomas characterizes the situation as 'chaos' and describes colleagues' panic and texts about legality and job searches.
- Quoted senator reaction: Sen. Thom Tillis (R‑N.C.) said threatening not to pay back workers is 'bad strategy' and 'probably not a good message' to unpaid employees.
- President Trump's direct remark quoted: 'it depends on who you're talking about' and 'For the most part, we're going to take care of our people... There are some people that really don't deserve to be taken care of.'
- Confirmation that OMB guidance still directs that federal workers should receive compensation, even as the administration considers a different legal view.
- Context on prior assurances: furloughed employees received paperwork on Oct. 1 guaranteeing they'd get back pay upon return, heightening confusion after the administration's reconsideration.
Congress erupts over "lawless" Trump threat not to pay back furloughed federal workers
New information:
- Detailed, named bipartisan Congressional reactions and direct quotes from lawmakers (Rep. Jamie Raskin, Hakeem Jeffries, Rep. Eugene Vindman, Rep. Don Bacon, Sen. Thom Tillis, Rep. Derrick Van Orden, Speaker Mike Johnson).
- Citation of specific labor-legal pushback (labor attorney Nekeisha Campbell saying 'there is no legal authority' for OMB's reading) and commentary from Sam Berger of the Center on Budget and Policy Priorities.
- Reporting that OMB's analysis points to amended GEFTA language saying compensation is 'subject to the enactment of appropriations Acts ending the lapse,' and that White House framed this as a potential legal basis to withhold retroactive pay.
Mike Johnson on federal workers not getting back pay for government shutdown
New information:
- House Speaker Mike Johnson publicly said new legal analysis is emerging about whether federal workers can obtain back pay despite the 2019 law.
- CBS report links the back‑pay debate to immediate operational impacts: thousands of flights delayed due to air‑traffic controller staffing shortages.