There is growing confusion over whether federal workers will receive back pay once the government shutdown is lifted. NBC News has confirmed that a draft White House memo argues furloughed federal workers are not entitled to back pay once the government reopens.
Furloughed workers already are bracing for missing their first paycheck in just a few days, but some tell News4 that if they were to miss out on back pay, the consequences could be devastating for them.
President Donald Trump told reporters in the Oval Office on Tuesday that there’s no guarantee federal workers will be paid once the government reopens.
“I would say it depends on who we’re talking about,” Trump said. “I can tell you this, the Democrats have put a lot of people in great risk and jeopardy, but it really depends on who you’re talking about. But for the most part, we’re going to take care of our people. There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way.”
With the shutdown stretching on, local lawmakers are working on helping federal workers in need. In Prince George’s County, councilmembers are voting on new legislation that would provide priority hiring for county-level positions, free workforce and career training, and increased accessibility to food banks.
Furloughed workers, including Dr. Ashaki Robinson, shared their stories and struggles at Tuesday’s council meeting.
As for missing out on back pay: “It would be absolutely devastating,” said Robinson, the president of AFGE Local 476. “It would put me at risk of losing my home. It would put me at risk of a lot of different things, because most people don’t have tens of thousands of dollars waiting just in case the government shuts down. I mean, most of us are a couple of paychecks away from true devastation.”
It’s a sentiment echoed by another furloughed worker, who did not want to share their identity due to fears of retribution.
“I would be in a bankruptcy line along with some of these other individuals here,” that worker said. “If that was the case, a lot of us would have to file bankruptcy — seriously, because we wouldn’t be able to pay our mortgages when we do go back, if we do go back.”
Leaders in Prince George’s County say they wish that there was more they could do to help out these federal workers, but they say they’re constrained by their budgets.
As for the concerns over back pay: The White House draft memo seems to contradict an already established law.
At this point, it’s widely expected that government employees will still receive back pay once the shutdown ends because of a law called the Government Employee Fair Treatment Act, which was passed in 2019. That law guarantees back pay for all employees, working or not, once a shutdown ends.
Some critics are saying this White House draft memo could be an attempt to ramp up pressure on Democrats to negotiate.
But even if the White House is serious about this and if its legal interpretation is correct, Congress could still guarantee back pay in the bill they pass to end the shutdown.
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