A White House memo has ignited fierce backlash in Washington after arguing that federal workers furloughed during the government shutdown are not automatically entitled to back pay. The document, circulated through the Office of Management and Budget (OMB), challenges long-standing interpretations of federal law and could affect hundreds of thousands of public employees.
The memo centers on the Government Employee Fair Treatment Act of 2019 (GEFTA) — legislation passed after the 2018–2019 shutdown that guarantees retroactive pay for all furloughed or “excepted” employees once government funding resumes. But the White House’s new legal stance disputes that guarantee, claiming that Congress must specifically authorize funding for back pay in any post-shutdown spending bill.
According to the memo, the phrase in GEFTA stating that retroactive payments are “subject to the enactment of appropriations Acts” means that no back pay can be issued without explicit congressional approval. This interpretation breaks sharply from prior guidance issued by the Office of Personnel Management (OPM) and previous administrations, which had treated back pay as automatic once a shutdown ended.
Administration officials defended the memo as a “routine legal clarification,” but its timing — amid ongoing funding gridlock — has drawn suspicion that it was politically motivated. Critics accuse the White House of using federal workers as leverage in the budget standoff.
“This is nothing more than an attempt to pressure Congress and punish hardworking public servants,” said House Minority Leader Hakeem Jeffries, condemning the move as “cruel and unlawful.” Labor unions echoed that sentiment, pointing out that GEFTA was specifically designed to prevent furloughed workers from being financially punished for political disputes.
The American Federation of Government Employees (AFGE) issued a statement calling the memo “an assault on worker rights” and vowed to challenge the interpretation if implemented. Legal experts also questioned its validity, noting that the statute’s plain language and legislative history leave little room for reinterpretation. Courts, they say, would likely side with employees if the administration tried to withhold pay.
Even some Republicans distanced themselves from the White House position. Senate Majority Leader John Thune said his understanding is that furloughed workers “absolutely should receive back pay,” emphasizing that the law’s intent is clear.
The political fallout has been swift. Democratic lawmakers are preparing a joint resolution reaffirming GEFTA’s protections, while watchdog groups warn that the OMB memo could deepen morale and retention crises across the federal workforce. Many agencies, including the Departments of Transportation and Homeland Security, already face staff shortages exacerbated by the shutdown.
As the government closure continues with no resolution in sight, the dispute over furloughed worker compensation has become a flashpoint in the broader struggle over executive power and fiscal responsibility. Whether the White House follows through on this controversial interpretation — or backs down amid growing pressure — may determine how future shutdowns impact millions of Americans who serve their government.
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