White House memo says furloughed workers might not get back pay

The White House stated in a memo that furloughed federal workers may not be eligible for back pay after the government shutdown, another escalation in its pressure campaign against Senate Democrats.

Axios first reported on the memo, which was later confirmed to POLITICO by administration officials in the White House and Office of Management and Budget. They were granted anonymity because they were not authorized to speak publicly on the issue.

The memo appears to contravene the 2019 “Government Employee Fair Treatment Act,” signed by President Donald Trump during his first term after a partial shutdown that stretched over 35 days. And it paints a cloudy economic picture for the 750,000 federal workers currently under furlough.

With Senate Democrats holding out for an extension on Obamacare subsidies, Trump and allies in the White House are using the threat of further culling the federal workforce to force them to support the GOP’s clean continuing resolution. The White House has also suspended energy and infrastructure funding for states that voted against Trump in the 2024 election, including California, New York and New Jersey.

And though Vice President JD Vance and other administration officials have insisted that Democrats would be at fault for any shutdown-related job cuts, Trump has emphasized the “unprecedented opportunity” to fire workers and slash “Democrat agencies.”

Congressional Democrats, however, said Trump and OMB Director Russ Vought would likely pursue more federal layoffs with or without a government shutdown. And they say the White House will be blamed for the fallout.

“He’s doing it, not Democrats,” Senate Minority Leader Chuck Schumer said Monday. “And the American people know that.”

Virginia Democrats, who have criticized federal job cuts from the administration ahead of the state’s off-year November election, were quick to amplify the news Tuesday.

Sen. Tim Kaine pointed out that it was Trump who signed the law guaranteeing federal back pay in the first place.

“The president's team is suggesting that he break his own word and punish people,” he said. “I mean, I hope they'll remember that this was a bill that he signed. He should implement it.”

The memo comes with Virginia Democrats on the defensive, after texts in which attorney general nominee Jay Jones mused about shooting then-Virginia House Speaker Todd Gilbert came to the fore last week.

“More bluster and BS from Russ Vought and Donald Trump,” Rep. James Walkinshaw (D-Va.) said in a post on X. “The law is clear. Trump signed it. They can’t just invent powers to punish federal workers. End the GOP vacation and stop the illegal threats.”

Leo Shane contributed to this article.