Legal Debate Centers on the 2019 Government Employee Fair Treatment Act
President Donald Trump has suggested that some of the roughly 600,000 furloughed federal employees may not receive back pay once the government reopens, despite a 2019 law designed to ensure full compensation for affected workers during shutdowns. The comments have reignited a legal and political debate over how the law should be interpreted.
Speaking in the Oval Office, Trump indicated that the issue would be handled on a case-by-case basis, stating that while most workers would be “taken care of,” others might be treated differently.
The remarks followed reports of a draft memorandum from the Office of Management and Budget (OMB), which argues that congressional action may be required to authorize back pay. This interpretation diverges from guidance previously issued by the Office of Personnel Management (OPM) and from the Government Employee Fair Treatment Act of 2019, which mandates that federal employees “shall be paid” once appropriations are restored.
Legal and Political Repercussions
The 2019 law, enacted after the record 35-day government shutdown of 2018, amended the Antideficiency Act to ensure automatic back pay for all federal employees once funding resumes. It aimed to eliminate the need for Congress to pass additional legislation following each lapse in appropriations.
However, an updated version of the OMB’s guidance removed direct references to this automatic payment provision, prompting strong reactions in Congress. Some Republican lawmakers acknowledged that legal arguments might exist to revisit the issue, while Democratic legislators described any move to deny back pay as inconsistent with federal law.
The discussion underscores ongoing tensions between the White House and Congress amid the current government shutdown, which has also included proposals to delay or withhold certain federal funds. The outcome of this debate could affect thousands of public employees and set a precedent for how future shutdowns are managed.
