House Speaker Mike Johnson Says Furloughed Federal Workers 'Should' Receive Back Pay; Adds to Back‑Pay Dispute
House Speaker Mike Johnson told PBS NewsHour that furloughed federal workers "should" receive back pay as both tradition and statutory law, blaming Senate leader Chuck Schumer for subjecting workers to financial harm. His remark comes amid a White House/OMB memo and Trump comments suggesting some furloughed employees might not get retroactive pay—citing amended GEFTA language—prompting bipartisan, union and legal pushback, mixed agency guidance (e.g., the IRS assuring pay), and operational strains such as air‑traffic controller absences and flight delays.
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📌 Key Facts
- A draft OMB memo and new legal analysis circulated within the administration suggest amended GEFTA language could be read to allow withholding retroactive pay for furloughed federal workers, prompting reconsideration of the longstanding practice of guaranteed back pay.
- President Trump publicly said whether furloughed workers receive back pay "depends on who we're talking about," threatened that some may not be paid and warned some jobs "will never come back," reversing expectations set by prior practice and law.
- House Speaker Mike Johnson told PBS NewsHour (Oct. 8) that furloughed federal workers "should be" paid back when the government reopens, calling it both tradition and statutory law, and blamed Senate leader Chuck Schumer for the financial harm to workers.
- Administration guidance is inconsistent: some OMB materials still direct that workers should be compensated, the White House has continued to circulate memos questioning automatic retro pay, and at least one agency (IRS) internally told employees their furlough back pay is guaranteed.
- Bipartisan congressional leaders and legal experts pushed back forcefully — lawmakers across the aisle criticized the threat as improper, while labor attorneys and policy analysts (including Nekeisha Campbell and Sam Berger) said there is likely no legal authority to withhold pay and flagged a conflict with the 2019 law guaranteeing back pay.
- The back‑pay dispute has produced immediate operational effects and worker distress: union officials described "chaos" and panic among employees, transportation officials reported a slight uptick in air‑traffic controller absences, and media reports linked staffing issues to thousands of flight delays.
- Confusion was heightened because many furloughed employees received paperwork on Oct. 1 assuring they would get back pay upon return; the controversy intensified as the shutdown reached its one‑week mark and followed earlier White House instructions in September for agencies to prepare reduction‑in‑force plans.
📚 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 (9)
IRS tells employees furlough backpay guaranteed, while WH counters in memo
New information:
- IRS internal communication states furloughed back pay is guaranteed, providing agency-level guidance beyond prior political statements.
- Axios notes the White House continues to circulate a memo questioning automatic retro pay, underscoring ongoing internal disagreement.
White House escalates shutdown consequences as Democrats show no signs of budging: ‘Kamikaze attack’
New information:
- Direct quotes from President Trump calling Democrats 'like a kamikaze attack' (Oct. 7, 2025) in the context of the shutdown.
- Reporting that OMB has 'floated' plans (per Fox News Digital) not to guarantee retroactive pay for furloughed federal workers, potentially upending the expectation set by the 2019 law.
- Trump's on‑the‑record line: 'it depends on who we're talking about' regarding which furloughed workers would receive back pay, and his statement that some jobs 'will never come back.'
- Context tying the remarks to a White House meeting with Canadian Prime Minister Mark Carney on Oct. 7, 2025 and linking to earlier OMB instructions in September for agencies to prepare reduction‑in‑force plans.
WATCH: Federal workers ‘should’ get back pay after shutdown, Johnson affirms
New information:
- House Speaker Mike Johnson on Oct. 8, 2025 told PBS NewsHour that furloughed federal workers 'should be' paid back once the government reopens, calling it tradition and statutory law.
- Johnson directly blamed Senate leader Chuck Schumer in his remarks, saying workers 'should not be subjected to harm and financial dire straits because Chuck Schumer wants to play political games.'
- The PBS NewsHour interview (with Lisa Desjardins) is the primary on‑camera source for Johnson’s statement, providing an explicit Speaker quote that contrasts with a draft OMB memo questioning automatic back pay.
Senate prepares to vote again on Day 8 of government shutdown
New information:
- Coverage of a White House OMB memo that prompted confusion over whether furloughed workers would receive retroactive pay; congressional leaders insisted law guarantees back pay.
- Direct quotes from President Trump saying 'it depends on who we're talking about' regarding back pay and later 'I follow the law.'
- Transportation Secretary Sean Duffy noted a slight uptick in air traffic controllers calling in sick since the shutdown began, tying the back‑pay dispute to operational staffing effects.
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.