By John Q. Hosedrinker 
In a recent revision of a shutdown guidance document, the Office of Management and Budget (OMB) removed references to the Government Employees Fair Treatment Act of 2019, which guarantees backpay for federal workers during a government shutdown. The 2019 law, enacted to address uncertainties faced by federal employees, ensured both furloughed and excepted workers would receive retroactive pay. This change comes as senior administration officials are reportedly developing guidance suggesting furloughed workers are not entitled to backpay. However, the original law, signed by then-President Trump, explicitly stated its application to any lapse in appropriations starting after December 22, 2018, leading to criticism from lawmakers and union leaders.
Read the original article here
OMB deletes reference to law guaranteeing backpay to furloughed feds from shutdown guidance and, frankly, it sounds like a terrible idea. You know, when you’re dealing with a government shutdown, the last thing you want is to add fuel to the fire. And that’s exactly what this maneuver seems to be doing. Taking away the guarantee of backpay from federal workers, especially during a shutdown, is like playing with fire. It just creates more tension, more resentment, and more reasons for people to be upset.
Now, let’s be clear. Before 2019, things were different. Congress would step in after a shutdown and authorize back pay. But in 2019, a law was passed to ensure that federal employees *would* receive back pay. This wasn’t some optional thing; it was the law of the land. And, you know, you can’t just erase a law by deleting a reference to it on a website. That’s just not how things work.
It’s a little bit like a child covering their eyes and thinking they’ve disappeared. The law is still there. The consequences of a shutdown are still there. The frustration of the federal workforce is still there. And the idea that deleting a reference to backpay somehow negates the law is just… well, it’s a bit naive, isn’t it? This act by the OMB is a brazen attempt to circumnavigate the law, an act which many believe is meant to sow confusion, division, and discontent.
The potential impact of this decision is concerning. Imagine you’re a federal worker, already stressed about not getting paid. You’re worried about bills, mortgages, and all the things that require money. Then, you find out that someone’s trying to take away the promise of backpay. That’s a recipe for disaster. It can be hard to know what to believe when this kind of thing happens. It creates an environment of distrust and uncertainty, which is the last thing you want during a crisis.
What’s even more frustrating is the apparent reasoning behind this. Some people believe this move is a deliberate attempt to shift blame onto the opposing political party. The goal is to tell the federal workers “the other side made you lose a months+ pay, not us”. It’s a cynical strategy, playing on people’s fears and anxieties for political gain. It also speaks volumes to an ever-present attempt to undermine the principles of American democracy.
Another concern is the unitary executive theory angle. This approach, some believe, essentially allows the executive branch to do whatever it wants, regardless of the law. This is especially unsettling, as it gives an immense amount of power to the president, something the founding fathers feared greatly. This action may be a way of testing the limits of that power.
It’s not like this is the first time something like this has happened. And it probably won’t be the last. But the actions by the OMB have the capacity to send shockwaves through the system, and that’s before even considering the legal ramifications. The fact that the law still exists, regardless of the website’s content, means that someone will undoubtedly challenge this decision. Lawsuits will be filed. And it may only make things worse.
And let’s not forget the morale of the federal workforce. These are dedicated public servants, people who work hard to keep our government running. They should have confidence that their government will take care of them. When that trust is broken, it has a ripple effect, which affects everything from national security to essential services. The actions of the OMB and people like Russ Vought appear to be the antithesis of that ideal.
Let’s be honest, it looks bad. It looks like an attempt to get away with something and it will backfire. It’s an insult to the dedicated people of this country who are responsible for the day to day running of the nation, and it will create the opposite effect of what it intends. Deleting a reference doesn’t make the law disappear. It just makes the people look bad.