CaliToday (08/10/2025): The Trump administration is warning hundreds of thousands of furloughed federal employees they may not receive back pay once the current government shutdown ends, a move that has drawn swift and bipartisan condemnation from lawmakers who blast the interpretation as patently illegal.
The controversial stance was detailed in a memo drafted by the White House Office of Management and Budget (OMB). It argues that a 2019 law, ironically signed by President Donald Trump himself to guarantee back pay after shutdowns, does not apply to non-essential employees sent home during the funding lapse.
Adding fuel to the fire, President Trump told reporters on Tuesday that the question of back pay "depends on who we're talking about," adding that some employees "don't deserve to be taken care of."
The announcement creates profound uncertainty for the roughly 750,000 federal workers who are now missing regular paychecks as the government shutdown approaches the end of its first week.
The administration's legal interpretation was immediately and forcefully rejected by congressional Democrats.
"The law is crystal clear—every single federal employee who is furloughed is entitled to back pay, period," declared House Minority Leader Hakeem Jeffries on Tuesday.
The OMB memo, drafted last week but first reported by U.S. media on Tuesday, draws a distinction between two classes of employees. It concedes that "essential" personnel, such as air traffic controllers who are required to work without pay during the shutdown, must be compensated once the government reopens. However, the OMB claims the government has no legal obligation to retroactively pay furloughed workers those deemed non-essential and told to stay home.
This position appears to directly contradict the Government Employee Fair Treatment Act of 2019. Passed with overwhelming bipartisan support following the longest shutdown in U.S. history, the law explicitly states that federal employees "furloughed or required to work during a lapse in appropriations...shall be paid for that period."
The current shutdown began on October 1 amid a stalemate in the Senate. Republicans and Democrats remain deadlocked, with Democrats insisting that any funding resolution must address healthcare, while Republicans are demanding a "clean" bill focused solely on the federal budget.
Speaking to the press, Republican House Speaker Mike Johnson acknowledged the legal debate, stating that while furloughed workers have historically received back pay, "there are some legal analysts who suggest that may not be appropriate or required." Johnson, who congressional records show voted in favor of the 2019 law, suggested this legal uncertainty could pressure Democrats to negotiate. "If that analysis is correct, it puts the onus on the Democrats to come to the table with Republicans and pass a resolution to reopen the government," he said.
However, the administration's move is proving to be a risky political gambit, drawing criticism not only from Democrats but also from within the Republican party.
"This is patently illegal," said Senator Mark Warner of Virginia, who called the memo "another lawless attempt" by OMB Director Russ Vought to "inflict pain" on federal workers.
Even senior Republicans expressed skepticism. John Thune of South Dakota, the top-ranking Republican in the Senate, told reporters he fully expects furloughed workers to be paid.
Another Republican, Senator Thom Tillis of North Carolina, described the administration's messaging as a "strategic mistake." He warned that allowing furloughed workers "to know, or to think, that they're potentially not going to get paid... I don't think that's a helpful discussion to be having right now."