White House memo argues furloughed federal workers aren't automatically entitled to back pay
Axios reports a draft White House memo from the Office of Management and Budget contends that the Government Employee Fair Treatment Act of 2019 (GEFTA) does not guarantee automatic back pay for furloughed federal workers because of a Jan. 25, 2019 amendment referencing appropriations acts. The memo — described to Axios by three sources and quoted by a senior White House official — says the amended language means Congress must specifically appropriate pay for shutdown-period furloughs, a position that could deny back pay to as many as 750,000 workers and escalate pressure on Senate Democrats amid the current shutdown. Labor attorneys and budget analysts quoted in the story reject the legal reading and call it a misinterpretation of congressional intent.
📌 Key Facts
- Source: Draft White House memo from the Office of Management and Budget (described to Axios by three sources).
- Legal point: GEFTA was amended Jan. 25, 2019 to add language that furloughed workers are compensated 'subject to the enactment of appropriations Acts ending the lapse,' which the memo treats as requiring a fresh appropriation.
- Scale: Administration says the reading could affect 'as many as 750,000' furloughed federal workers; outside analysts dispute the interpretation.
- Voices: Senior White House official quoted defending the analysis; labor lawyer Nekeisha Campbell and Sam Berger (Center on Budget and Policy Priorities) offer rebuttals.