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White House Cites 2019 OMB Emails to Argue Furloughed Workers Aren’t Guaranteed Back Pay

Legal and labor critics call the reading contrary to GEFTA, foreshadowing court fights.

Overview

  • OMB General Counsel Mark Paoletta briefed Republican staff on a draft memo asserting GEFTA does not create an automatic entitlement to back pay, referencing 2019 staff emails.
  • Nine days after GEFTA’s initial passage, Congress added language stating compensation is “subject to the enactment of appropriations Acts,” which OMB now cites to require future legislation for back pay.
  • A letter from unions and an advocacy group denounced the administration’s opinion as trickery that invents ambiguity, arguing the statute mandates payment to furloughed employees.
  • Legal experts publicly criticized the new stance as conflicting with the law, intensifying pressure during a shutdown that has sidelined or unpaid an estimated 750,000 federal workers since Oct. 1.
  • A senior White House official said the administration stands by OMB’s view, and Trump said some workers “don’t deserve to be taken care of,” according to the reporting.