Trump Faces Criticism Over Plan to Limit Back Pay for Furloughed Federal Workers

Pressure is mounting on President Donald Trump after his administration issued a draft document suggesting that furloughed federal workers may not receive retroactive pay after the shutdown. As thousands of workers go unpaid, this policy change is causing legal, political, and popular reaction.

According to the draft document from the Office of Management and Budget, the 2019 Trump-signed Government Employee Fair Treatment Act does not require automatic back compensation without congressional approval. That interpretation requires Congress to include back pay in appropriations legislation to guarantee compensation. Critics argue this redefinition violates the 2019 law’s spirit and word.

When asked if furloughed workers should receive back pay, Trump said, “it depends on who we’re talking about,” adding that “for the most part, we’re going to take care of our people,” but indicating that some “don’t deserve to be taken care of He added, “I follow the law and what the law says is correct.” His chosen terminology has raised concerns about back pay being used as a negotiating chip.

Legal experts say rejecting retroactive payment would violate shutdown precedent and lead to lawsuits. After funding is restored, federal employees have been reimbursed in 15 shutdowns since 1981. Withholding payments presents major separation-of-power and statutory interpretation issues.

Both parties’ lawmakers have resisted. Though skeptical of the letter, House Speaker Mike Johnson said it “turns up the urgency” on Democrats to act. Senate Majority Leader John Thune and other Republicans maintained that workers would be paid. Democratic leaders labeled the draft memo a sham and accused the administration of exploiting furloughed workers.

The debate comes while 700,000 federal workers are furloughed or unpaid during the closure. Emergency workers like air traffic controllers and military personnel have struggled financially while serving. As the deadlock continues, retroactive pay could divide Congress and prolong court battles.

The Trump administration’s decision to construe its own signed law has put employee compensation at the center of the government funding dispute, threatening actual people’s livelihoods.

Sources
Reuters
Associated Press
Washington Post
Politico
Government Executive
The Guardian