Trump says some furloughed workers ‘don’t deserve’ pay. What does the law say?

President Donald Trump’s administration cautioned that federal employees furloughed amidst the government shutdown may not be entitled to back pay, raising questions about compliance with a law signed during Trump’s first term.

When asked for his view on back paying furloughed workers on Oct. 7, the president said, “It really depends on who you’re talking about.”

“For the most part, we’re going to take care of our people,” he added. “There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way.”

Earlier in the day, Axios revealed the existence of a draft White House memo suggesting furloughed employees might not be assured payment for the time they are kept away from work.

In response, Congressional Democrats denounced the move, describing it as running afoul of the law.

“The law is clear; every single furloughed federal employee is entitled to back-pay. Period full stop,” House Minority Leader Hakeem Jeffries said during a news conference. “The law is clear and we will make sure that that law is followed.”

The White House’s announcement comes one week after the government shutdown began, after Congress failed to pass a funding bill by the end of the fiscal year.

Republicans blame Democrats for opposing their clean spending package, while Democrats fault Republicans for rejecting their own bill, which sought to extend subsidies under the Affordable Care Act.

As a result of the funding lapse, thousands of federal employees have been placed on unpaid leave. The Congressional Budget Office estimates that up to 750,000 workers — who collectively earn about $400 million per day — could be furloughed each day of the shutdown.

What does the law say?

Trump’s latest pronouncement appears to contradict existing legislation pertaining to furloughed employees.

At issue is the Government Employee Fair Treatment Act of 2019, which was signed into law by Trump during the last government shutdown, which lasted a record 35 days.

The law mandates that all employees of the federal government — the nation’s largest employer — who are furloughed due to a lapse in appropriations are entitled to back pay once the shutdown ends.

It’s generally been understood as automatically guaranteeing back pay during shutdowns, according to Axios.

However, the latest White House memo contends that this law has been misinterpreted. Administration officials noted that an amendment to the bill states workers will be compensated “subject to the enactment of appropriations Acts ending the lapse,” potentially allowing room for maneuverability.

“It is true that in previous shutdowns, many or most of them have been paid for the time that they were furloughed,” House Speaker Mike Johnson said, according to The Hill. “But there are some legal analysts who are saying that that may not be appropriate or necessary, in terms of the law requiring that back pay be provided.”

Meanwhile, other Democrats aside from Jeffries have pushed back.

“Yeah, no,” Rep. Ayanna Pressley wrote on X. “The law is clear: federal workers must receive back pay.”

This story was originally published October 7, 2025 at 4:12 PM with the headline "Trump says some furloughed workers ‘don’t deserve’ pay. What does the law say?."