OMB Guidance Revision Raises Concerns over Federal Worker Back Pay Rights
Removal of Key Legal References
Recent revisions to guidance from the Office of Management and Budget (OMB) have eliminated references to the Government Employees Fair Treatment Act—a 2019 statute that mandates retroactive pay for all federal employees affected by a government shutdown. This change emerged on October 3, coinciding with the ongoing federal shutdown, altering the OMB’s “Frequently Asked Questions During a Lapse in Appropriations” document.
- Previous Inclusion: Prior to October 3, the guidance explicitly stated that federal workers would receive payment for work performed during the lapse once appropriations were restored.
- Current Omission: The revised version no longer contains references to this statutory guarantee, nor does it mention guidance from the Office of Personnel Management (OPM) regarding back pay.
Implications of OMB’s Decision
This alteration prompts questions about the administration’s interpretation of existing laws and its potential impact on federal workers. Currently, over 620,000 federal employees are furloughed, a number projected to rise as the shutdown persists.
Legal Perspectives
Senators who played pivotal roles in drafting the 2019 legislation are sounding alarm bells:
- Sen. Chris Van Hollen (D-MD) emphasized that the statutory language is unequivocal, stating, “The law is the law. … That legislation was signed into law—and there is nothing this administration can do to change that.”
- Sen. Tim Kaine (D-VA) warned of possible legal actions against the administration if it proceeds with this new interpretation.
These statements underscore the belief that the legislation provides clear instructions that must be adhered to, irrespective of the new guidance issued by OMB.
Responses from Labor Organizations
Labor leaders are equally concerned about the implications of the guidance change:
- Matt Biggs, national president of the International Federation of Professional and Technical Engineers, called the removal of statutory references “highly suspicious.” He highlighted the bipartisan support the law garnered, noting its overwhelming passage in Congress.
Conclusion
As tensions rise surrounding this ongoing shutdown, the implications for affected federal employees are significant. The removal of references to the Government Employees Fair Treatment Act from OMB guidance not only threatens the financial security of furloughed workers but also raises critical questions about the legally binding commitments made by Congress.
The forthcoming weeks will likely involve heightened scrutiny from lawmakers, labor organizations, and legal experts as they navigate this complex terrain to safeguard the rights of federal workers.
