No Back Pay For Furloughed Feds Threatened By Trump: See VA Reactions

WASHINGTON, DC — Virginia members of Congress have condemned a memo circulated by the Trump White House Tuesday that said there is no guaranteed back pay for federal workers during the government shutdown, reversing what has been longstanding policy for about 750,000 furloughed employees.

U.S. Rep. Don Beyer (D-Virginia) said he would oppose any attempt by the Trump Administration to deny back pay to federal employees who have been impacted by the ongoing government shutdown.

“Federal employees are guaranteed back pay at the end of any shutdown by law without question or exception," Beyer said.

Sen. Tim Kaine, a Democrat, said on X: "I was proud to work across the aisle in 2019 to pass legislation that Trump himself signed to guarantee back pay to federal workers during shutdowns. If OMB chooses thuggish intimidation tactics over following the law, it better prepare to face the American people in court."

Trump signed legislation into law after the longest government shutdown in 2019 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 government.

The move by the Republican administration was widely seen as a strongarm tactic — a way to pressure lawmakers to reopen government, now in the seventh day of a federal 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.”

Democratic candidate for governor Abigail Spanberger said on X: "Donald Trump is using his government shutdown to wreak havoc on Virginians — whether it's firing them or withholding pay. We will win in November — and come January, we will finally have a governor who will stand up to this chaos."

Beyer said federal employee should recognize the threats as hollow, and know that they will be paid when the government reopens, as the law requires.

“The Trump Administration is trying to frighten federal employees and their families as a negotiating tactic, which is despicable," Beyer said. "The President and Republican leaders should instead be using this time and effort to work with Democrats on a deal that reopens the government, protects Americans’ health care, and prevents huge price increases."

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 most always reimbursed once government reopens.

“That should turn up the urgency and the necessity of the Democrats doing the right thing here,” said House Speaker Mike Johnson at a press conference at the Capitol.

Johnson, a lawyer, said he hadn’t fully read the memo but “there are some legal analysts who are saying” that it may not be necessary or appropriate to repay the federal workers.

In a single-page memo from Trump’s Office of Management and Budget under Russ Vought, first reported by Axios, the office's general counsel seeks to lay out a legal rationale for no back pay of federal workers.

The memo explains that while the Government Employee Fair Treatment Act of 2019 says workers shall be paid after federal funding is restored, it argues the action is not self-executing. Instead, the memo says, repaying the federal workers would have to be part of legislation to reopen the government.

The OMB analysis draws on language familiar to budget experts by suggesting that the 2019 bill created an authorization to pay the federal workers, but not the actual appropriation.

Congress, it says, is able to decide whether it wants to pay the workers or not.

For now, Congress remains at a standstill, with neither side — nor the White House — appearing willing to budge. Democrats are fighting for health care funds to prevent a lapse in federal subsidies that threaten to send insurance rates skyrocketing. Republicans say the issue can be dealt with later.

“The Trump Administration is trying to frighten federal employees and their families as a negotiating tactic, which is despicable," Beyer said. "The President and Republican leaders should instead be using this time and effort to work with Democrats on a deal that reopens the government, protects Americans’ health care, and prevents huge price increases."

The Virginia lawmaker added that federal employee should recognize these threats as hollow.

"They will be paid when this shutdown ends, as the law requires," he said.

The Associated Press contributed to the reporting of this story.