White House memo argues furloughed federal workers aren't automatically entitled to back pay
A White House memo and OMB legal analysis contend that amended GEFTA language makes compensation for furloughed federal workers "subject to the enactment of appropriations Acts ending the lapse," and therefore they are not automatically entitled to retroactive back pay. The stance has prompted bipartisan outrage and legal pushback—labor attorneys and policy experts dispute the reading—and House Speaker Mike Johnson noted new legal analysis as lawmakers warned of immediate operational impacts, including flight delays tied to air‑traffic controller staffing shortages.
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📌 Key Facts
- An OMB/White House memo argues that amended language in the Government Employees Fair Treatment Act (GEFTA) makes compensation 'subject to the enactment of appropriations Acts ending the lapse,' which the administration says could provide a legal basis to withhold retroactive pay to furloughed federal workers.
- House Speaker Mike Johnson publicly said new legal analysis is emerging about whether federal workers can obtain back pay despite the 2019 law.
- CBS reported immediate operational effects tied to the back‑pay dispute, including thousands of flights delayed amid air‑traffic controller staffing shortages.
- The memo and administration position drew bipartisan outrage on Capitol Hill, with named reactions and quoted criticism from lawmakers including Rep. Jamie Raskin, Hakeem Jeffries, Rep. Eugene Vindman, Rep. Don Bacon, Sen. Thom Tillis, Rep. Derrick Van Orden, and Speaker Mike Johnson.
- Labor and legal experts pushed back against OMB's reading: labor attorney Nekeisha Campbell said 'there is no legal authority' for that interpretation, and Sam Berger of the Center on Budget and Policy Priorities also criticized the administration's position.
📰 Sources (3)
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.