The Trump administration has treated federal employees with threats, including those now furloughed due to the ongoing, illegal government shutdown. Worse, many of these workers will not get back pay once the funding impasse has passed. As the shutdown approaches the end of its first week, the consequences are very real for the estimated 750,000 federal workers now going without regularly-scheduled paychecks.
Needless to say, Virginia Senator Mark Warner is very much against this possibility. He claims that failing to provide back pay would be “completely unlawful.” Warner continues to stress that the law is unequivocal on one point: all furloughed federal employees will eventually receive back pay. This includes times of extended government shutdowns.
A significant piece of legislation passed in 2019 and signed by President Trump mandates that furloughed employees must be compensated retroactively. This bill strengthens the notion among the federal workforce that their paychecks will be delivered when the government eventually reopens.
New Republican House Speaker Mike Johnson seems to recognize this in the current legal landscape. He has NOT yet initiated discussions with the White House on back pay. Specifically, he emphasized that new legal analyses are being developed. These all have the potential to test the enforceability of the obligation to make retroactive payments to furloughed employees.
In fact, at a press availability late last week, President Trump had this to say about it. He has said that back pay “depends on who we’re talking about” and suggested that certain workers “don’t merit being made whole.” This latest explosion of comments waded back into this debate over whether furloughed employees are entitled to their wages.
Senator Thom Tillis of North Carolina went further, saying the administration’s position was a “strategic blunder.” He cautioned that this type of messaging could confuse furloughed employees as to whether they will ultimately receive back pay. Senator John Thune (R-SD) was optimistic about moving forward. He has assured that all furloughed employees will be paid in full retroactively once the shutdown is lifted.
Hakeem Jeffries, the top Democrat in the U.S. House of Representatives, firmly disagreed with Trump’s interpretation regarding back pay. Jeffries emphasized, “The law is clear — every single furloughed federal employee is entitled to back pay, period.”
The latest Republican/ Democratic face off— the government shutdown that started on October 1— shows no sign of abating. Democrats are demanding a final resolution that protects health care. At the same time, Republicans are calling for a “clean” legislation that only addresses reopening the federal budget.
The Senate remains gridlocked on the shutdown impasse. It’s been a long process with both parties repeatedly advancing various resolutions, only to have them lose on the floor.
As we discussed last week, one of the biggest hazards about this shutdown is the uncertainty surrounding back pay. That’s when U.S. media covered it and the public first took notice. It’s leading to a dangerous new normal where federal workers are left stuck in limbo, worried about how they’ll make ends meet.