Demand the White House Follow the Law on Back Pay for Federal Workers

I write to urge you to act without delay to guarantee full back pay for every federal employee furloughed or required to work during this government lapse, in strict compliance with existing law. The Administration’s current posture - which calls into question whether back pay is automatic - is unlawful, unfair, and threatens the financial stability of thousands who rely on their paychecks. Congress Wrote This Law To End Uncertainty In 2019, Congress passed and the President signed the Government Employee Fair Treatment Act (Public Law 116-1), which unequivocally mandates that when a shutdown occurs, furloughed employees shall be paid for the period of the furlough, and excepted employees shall be paid for work performed, at the earliest date possible after the lapse ends. The law did not make back pay contingent on new appropriations, nor did it allow the Executive Branch to override it. Its plain language leaves no room for discretion or reinterpretation. Decades of OPM Practice Confirm This Obligation Historically, OPM has processed retroactive payments for both furloughed and excepted workers immediately after funding resumes. Congress designed the 2019 Act precisely to make this automatic, preventing federal workers from becoming collateral damage in budget disputes. That precedent reinforces that back pay is mandatory, not negotiable. The Administration’s Current Stance Is Dangerous Reports indicate that OMB and the White House have circulated guidance implying that back pay is not guaranteed unless Congress reauthorizes it. Such a claim contradicts the statute’s text, decades of practice, and Congress’s clear intent. Withholding back pay is not a policy difference - it is a direct violation of law. Federal workers across the country are now facing rent deadlines, missed mortgage payments, utility cutoffs, and financial hardship through no fault of their own. Denying their pay worsens national morale and undermines the credibility of government service. Congress Must Act 1. Reaffirm the law publicly and unequivocally - back pay is mandatory under Public Law 116-1. 2. Direct OMB to withdraw or correct any guidance contradicting that law. 3. Include clear language in the next funding bill restating that back pay must be issued immediately after the lapse ends. 4. Hold oversight hearings and subpoena OMB’s legal rationale. 5. Use enforcement tools - including funding restrictions or confirmation holds - if necessary to ensure compliance. Uphold the Law and Protect Federal Workers When the Executive Branch ignores an act of Congress, it undermines separation of powers. Federal workers deserve certainty, not contempt. Congress must enforce the law, compel immediate payment, and ensure the rule of law prevails over presidential whim.