White House says back pay for furloughed workers isn't guaranteed post shutdown
A new White House memo argues back pay is not guaranteed for furloughed federal workers once the government shutdown ends, but critics say that directly contradicts federal law.
A new White House memo argues back pay is not guaranteed for furloughed federal workers once the government shutdown ends, but critics say that directly contradicts federal law.
A new White House memo argues back pay is not guaranteed for furloughed federal workers once the government shutdown ends, but critics say that directly contradicts federal law.
A new White House memo argues back pay is not guaranteed for furloughed federal workers once the government shutdown ends, but critics say that directly contradicts federal law.
Aand signed by President Donald Trump aimed to require retroactive compensation for employees who are furloughed or required to work during a lapse in federal funding. The law says they should receive back pay on the earliest date possible after the shutdown ends.
In the new memo, first reported by Axios, the White House Office of Management and Budget argues that legal interpretation is wrong. It contends back pay for furloughed workers is not automatic and must be approved by Congress as part of legislation ending the shutdown," or such payments cannot be made."
Asked Tuesday whether he thinks furloughed workers should be paid, President Trump said, "It really depends on who you're talking about but, 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, and we'll take care of them in a different way."
The American Federation of Government Employees, a labor union representing federal workers, called the White House's legal analysis "an obvious misinterpretation of the law," noting that it's also "inconsistent with the Trump administration’s own ."
Democratic leadership in Congress echoed that stance on Tuesday.
"Every single furloughed federal employee is entitled to back pay. Period, full stop. The law is clear, and we will make sure that the law is followed," said House Minority Leader Hakeem Jeffries, D-N.Y.
Senate Majority Leader John Thune, R-S.D., said Tuesday afternoon that he has not seen the White House's legal analysis, but he assumes that furloughed workers will get back pay.
House Speaker Mike Johnson, R-La., also said he had not read the memo, but he noted that some legal analysts think the government shouldn't be repaying furloughed workers.
"If that is true, that should turn up the urgency and the necessity of the Democrats doing the right thing," Johnson said.
As the government shutdown approaches the one-week mark, Democrats are continuing to insist on health policy demands, rather than passing the Republicans' short-term funding extension. As of Tuesday evening, there was no end in sight.
While the White House is challenging automatic pay for furloughed workers, who are told to stay home during a government shutdown, that's not the case for essential workers, who must stay on the job.
"Excepted employees are required to work during a lapse, and therefore the government incurs binding legal obligations for their salaries which must be paid once an Act providing appropriations for those salaries is enacted," the memo said. "In contrast, the government does not incur obligations for furloughed employees’ salaries, because they are not performing services for the government while furloughed."
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