OMB Removes Backpay Guarantee Reference from Shutdown Guidance
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.
John Q. Hosedrinker