Trump floats plan to deny back pay to furloughed federal workers after shutdown 

The Trump administration may try to interpret a law enacted during his first term in office differently than it did following the last government shutdown, potentially denying back pay to hundreds of thousands of furloughed federal workers. 

The change in stance, outlined in a memo from the Office of Management and Budget that was first reported by Axios on Tuesday and confirmed to States Newsroom by a White House official, would drastically change the stakes of the ongoing funding lapse, which began Oct. 1. 

President Donald Trump didn’t clearly say how he personally views the law during an afternoon press conference in the Oval Office. 

“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.”

Trump said he will likely announce mass layoffs of federal employees in the next four or five days and opened the door to canceling funding approved by Congress if the shutdown persists. 

“I’ll be able to tell you that in four or five days if this keeps going on,” Trump said. “If this keeps going on it’ll be substantial and a lot of those jobs will never come back.”

Reinterpreting the law would go against guidance the Office of Personnel Management released in late September, which stated that after “the lapse in appropriations has ended, employees who were furloughed as the result of the lapse will receive retroactive pay for those furlough periods.”

Following the 35-day shutdown during Trump’s first term, Congress approved a bill titled the Government Employee Fair Treatment Act of 2019 that guaranteed back pay for both exempt and furloughed federal workers. Trump signed the legislation into law himself. 

Before the law, Congress typically voted following each funding lapse to ensure back pay for all federal employees. 

The Congressional Budget Office projected 750,000 federal workers would be furloughed in the current shutdown. 

Democrats on Capitol Hill rebuffed the memo on Tuesday, arguing it is another example of Trump attempting to circumvent the law. 

“The letter of the law is as plain as can be — federal workers, including furloughed workers, are entitled to their backpay following a shutdown,” Senate Appropriations ranking member Patty Murray, D-Wash., wrote on social media. “Another baseless attempt to try and scare & intimidate workers by an administration run by crooks and cowards.”

Shauneen Miranda contributed to this report.