❓WHAT HAPPENED: A draft White House memo argues that federal workers furloughed during the current shutdown are not automatically entitled to back pay, citing a reinterpretation of the Government Employee Fair Treatment Act of 2019.
👤WHO WAS INVOLVED: The White House, federal workers, Senate Democrats, labor attorney Nekeisha Campbell, and Sam Berger from the Center for Policy and Budget Priorities.
📍WHEN & WHERE: Amid the ongoing federal government shutdown, as described in a memo reported by Axios.
💬KEY QUOTE: “Does this law cover all these furloughed employees automatically? The conventional wisdom is: Yes, it does. Our view is: No, it doesn’t.” – Senior White House official
🎯IMPACT: Up to 750,000 federal workers could be affected by this reinterpretation, with critics asserting the move is legally baseless and designed to pressure Senate Democrats.
A draft memo circulated by the Trump White House contends that federal workers furloughed during the current shutdown may not be automatically entitled to back pay. The administration claims that the Government Employee Fair Treatment Act of 2019 (GEFTA), amended in January 2019—which seemingly guarantees backpay even without a congressional appropriation—has been “misconstrued” or is “deficient.”
The draft memo challenges the conventional understanding of GEFTA, which has long been interpreted as guaranteeing back pay after shutdowns. According to a senior White House official, “Does this law cover all these furloughed employees automatically? The conventional wisdom is: Yes, it does. Our view is: No, it doesn’t.”
The argument hinges on amended language specifying that workers are compensated “subject to the enactment of appropriations Acts ending the lapse.” The administration interprets this as requiring explicit Congressional approval for back pay.
However, some have denounced this interpretation. Labor attorney Nekeisha Campbell stated, “There is no legal authority to support that interpretation of the statute.” Similarly, Sam Berger of the left-wing Center for Policy and Budget Priorities (CPBP) described the amendment as a recognition of the appropriations process, not a restriction on back pay.
With up to 750,000 federal workers affected, one senior official denied that the interpretation was simply a tactic to pressure Senate Democrats. Nearly a week ago, Democrat lawmakers in the Senate, along with Senator Rand Paul (R-KY), voted down a clean continuing resolution passed by the House of Representatives, kicking off the government shutdown.
Subsequently, Senate Democrats, along with Sen. Paul, have voted down four other attempts to reopen the government.
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