Trump Threatens to Withhold Back Pay for Furloughed Federal Workers Amid Shutdown
President Trump publicly threatened that furloughed federal workers may not receive retroactive pay when the shutdown ends, reversing long‑standing practice and potentially conflicting with a 2019 law and prior OMB guidance directing back pay. A White House/OMB memo argues amended GEFTA language could make compensation “subject to enactment” of appropriations, prompting bipartisan congressional and legal pushback, union alarm and reports of operational impacts such as flight delays, even as officials say new legal analysis is emerging.
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📌 Key Facts
- President Trump publicly threatened that furloughed federal workers may not receive retroactive/back pay once the government reopens, a move flagged as reversing long‑standing practice as the shutdown reached its one‑week mark and potentially conflicting with a 2019 law guaranteeing back pay.
- The White House/OMB has cited amended GEFTA language — saying compensation is 'subject to the enactment of appropriations Acts ending the lapse' — as a potential legal basis to withhold retroactive pay, even though OMB guidance still directs that federal workers should receive compensation.
- Bipartisan Congressional leaders erupted in 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) calling the threat inappropriate or 'lawless;' Sen. Thom Tillis called it 'bad strategy' and 'probably not a good message' to unpaid employees.
- Labor and legal experts pushed back: labor attorney Nekeisha Campbell said 'there is no legal authority' for the OMB's reading, and Sam Berger of the Center on Budget and Policy Priorities and other analysts criticized the administration's position.
- House Speaker Mike Johnson said new legal analysis is emerging about whether federal workers can obtain back pay despite the 2019 law, signaling active legal reconsideration within Republican leadership.
- Federal workers and unions reacted with alarm and panic — union official Imelda Avila‑Thomas described 'chaos' and colleagues texting about legality and job searches — aggravated by the fact that furloughed employees had received paperwork on Oct. 1 guaranteeing they'd get back pay upon return.
- Operational impacts were reported: CBS linked the back‑pay dispute and staffing fallout to thousands of flight delays tied to air‑traffic controller 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,' comments that helped fuel the controversy.
📚 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 (5)
Trump threatens no back pay for furloughed federal workers after shutdown ends
New information:
- Direct presidential posture: President Trump publicly threatened that furloughed federal workers may not receive back pay once the government reopens.
- Framing/timing: PBS places the threat as occurring as the shutdown reaches its one‑week mark and explicitly notes it reverses long‑standing practice.
- Legal implication noted: PBS flags the possible conflict with a 2019 law that guarantees back pay for furloughed workers.
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.