President Donald Trump's administration warned on Tuesday of no guaranteed back pay for federal workers during a government shutdown, reversing what has been long-standing policy for some 750,000 furloughed employees, according to a memo being circulated by the White House.
Trump signed into law after the longest government shutdown in 2019 legislation that ensures federal workers receive back pay during any federal funding lapse. But in the new memo, his Office of Management and Budget says back pay must be provided by Congress, if it chooses to do so, as part of any bill to fund the government.
The move by the Republican administration was widely seen as a strong-arm tactic — a way to pressure lawmakers to reopen the government, now in the seventh day of a shutdown.
“There are some people that don’t deserve to be taken care of, and we’ll take care of them in a different way,” Trump said during an event at the White House.
He said back pay “depends on who we're talking about.”
Refusing retroactive pay to the workers, some of whom must remain on the job as essential employees, would be a stark departure from norms and practices and almost certainly would be met with legal action.
While federal workers — as well as service members of the military — have often missed paychecks during past shutdowns, they are almost always reimbursed once the government reopens.
Asked by a reporter in the Oval Office whether he plans on defying the law on backpay, Trump insisted: "I follow the law."
"What the law says is correct, and I follow the law," Trump said.