Can federal worker backpay be withheld? OMB reportedly deletes law from FAQ documentation

Can federal worker backpay be withheld? OMB reportedly deletes law from FAQ documentation

A new concern is growing for federal employees sidelined by the government shutdown ? the possibility they may not receive the back pay they?ve counted on. It?s adding to the financial stress many federal workers in the DMV are already feeling. FOX 5 DC's Tom Fitzgerald has the story.

WASHINGTON - A new concern is growing for federal employees sidelined by the government shutdown — the possibility they may not receive the back pay they’ve counted on.

It’s adding to the financial stress many federal workers in the DMV are already feeling.

OMB memo claims furloughed workers are not guaranteed backpay

What we know:

A memo reportedly circulated by the Trump administration suggests that, despite a 2019 law passed by Congress and signed during Trump’s first term, there is consideration being given to not providing back pay once the shutdown ends. Axios reports that the memo is about an amendment to the law which states furloughed workers would be compensated "subject to the enactment of appropriations Acts ending the lapse." 

The White House is interpreting that to mean that money for furloughed workers needed to be specifically appropriated by Congress. 

Trump answered questions from reporters in the Oval Office Tuesday about backpay. 

"For the most part, we're going to take care of our people," said Trump. "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."

Rep. Jamie Raskin (MD-08) released a statement on Tuesday. 

"All federal employees are legally entitled to backpay when the government reopens after a shutdown. I know this because in 2019, I helped pass the Government Employee Fair Treatment Act which made this a requirement. Donald Trump knows this, too—he signed it into law.

"Now, as the White House reverses course, the president is threatening to deliberately violate the law; or he is suffering from a debilitating case of legislative amnesia. Either way, he should refresh his memory on the law he signed. And if he chooses to barrel forward anyway, he should get ready for a fight in court.

"The president has no right to just pay the federal workers in his own political camp. That’s a violation of the law and of the First Amendment."

OMB deletes reference to law guaranteeing backpay 

Dig deeper:

The Office of Management and Budget reportedly has removed references to the 2019 law in shutdown guidance documentation. 

Government Executive reports that OMB’s FAQ previously highlighted the Government Employees Fair Treatment Act. 

"The Government Employee Fair Treatment Act of 2019 (Public Law 116-1) provides that upon enactment of appropriations to end a lapse, both furloughed and excepted employees will be paid retroactively as soon as possible after the lapse ends, regardless of scheduled pay dates," read the document prior to being updated on October 3, per Government Executive. 

The current documentation omits the prior sentence entirely. 

Economic impact if federal worker backpay is withheld

What they're saying:

Democrats say that no backpay would add extra economic pain to federal workers who are already taking a big hit to their paychecks. A 2019 federal law on the books provides back pay after a shutdown — that was signed in Trump’s first term.

With 750,000 federal employees, economically, the DMV region is the hardest hit. In addition to feds losing income, local restaurants, gas stations, and stores that depend on their business are also impacted.

For federal workers at the lower end of the pay scale, like Rozina Craig — a State Department janitor — she tells FOX 5 her bills are piling up, and she’s worried about what she’ll do.

"I mean, we are not rich," said Craig. "We don’t have money to go into our bank accounts like these rich people do to pay their bills. We have to make ends meet some other kind of way."

Maryland Republican Congressman Andy Harris says Democrats should end the shutdown and vote for the GOP spending plan. 

 "Every so often you have to go through, look through any bureaucracy, any business that operates, and make sure that you’re running it most efficiently. That’s what the president is doing right now," said Harris. 

Virginia Democratic Congressman James Walkinshaw says the GOP is using scare tactics.

"Many of their agencies and offices have been shut down, and these endless attacks — rhetoric and otherwise — through this Trump administration, so this shutdown, this Trump shutdown, is just one more thing," said Walkinshaw.

Local perspective:

Some local governments are moving to try and ease the pain. The Prince George’s County Council took action Tuesday on a bill to encourage local hiring of federal employees impacted by the shutdown. But there might not be enough jobs to go around — it’s estimated there are about 70,000 federal workers in Prince George’s County alone.