WASHINGTON, D.C. — The Trump administration may try to interpret a law enacted during his first term in office differently than it did following the last government shutdown, potentially denying back pay to hundreds of thousands of furloughed federal workers.

The change in stance, outlined in a memo from the Office of Management and Budget that was first reported by Axios on Tuesday and confirmed to States Newsroom by a White House official, would drastically change the stakes of the ongoing funding lapse, which began Oct. 1.

President Donald Trump didn’t clearly say how he personally views the law during an afternoon press conference in the Oval Office.

“I would say it depends on who we’re talking about,” Trump said. “I can tell you this: the Democrats have put a lot of people in great risk and jeopardy. But it really depends on who you’re talking about. But for the most part we’re going to take care of our people. 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.”

Trump said he will likely announce mass layoffs of federal employees in the next four or five days and opened the door to canceling funding approved by Congress if the shutdown persists.

“I’ll be able to tell you that in four or five days if this keeps going on,” Trump said. “If this keeps going on it’ll be substantial and a lot of those jobs will never come back.”

Reinterpreting the law would go against guidance the Office of Personnel Management released in late September, which stated that after “the lapse in appropriations has ended, employees who were furloughed as the result of the lapse will receive retroactive pay for those furlough periods.”

Following the 35-day shutdown during Trump’s first term, Congress approved a bill titled the Government Employee Fair Treatment Act of 2019 that guaranteed back pay for both exempt and furloughed federal workers. Trump signed the legislation into law himself.

Before the law, Congress typically voted following each funding lapse to ensure back pay for all federal employees.

The Congressional Budget Office projected 750,000 federal workers would be furloughed in the current shutdown.

Democrats on Capitol Hill rebuffed the memo on Tuesday, arguing it is another example of Trump attempting to circumvent the law.

“The letter of the law is as plain as can be—federal workers, including furloughed workers, are entitled to their backpay following a shutdown,” Senate Appropriations ranking member Patty Murray, D-Wash., wrote on social media. “Another baseless attempt to try and scare & intimidate workers by an administration run by crooks and cowards.”

‘That should turn up the urgency’

Speaker Mike Johnson, R-La., asked about the memo during a morning press conference, said he hadn’t seen it or spoken with anyone in the White House, but he didn’t seem to take issue with its change of course.

“I’m sure there will be a lot of discussion about that. But there are legal analysts who think that is not something that government should do,” Johnson said. “If that is true, that should turn up the urgency and the necessity of the Democrats doing the right thing here.”

Pressed by another reporter about the principle involved with possibly not adhering to the law, Johnson said he hopes that furloughed federal workers do receive their back pay.

“I can tell you the president believes that as well. He and I have talked about this personally. He doesn’t want people to go without back pay,” Johnson said. “And that’s why he pleaded with Chuck Schumer to do the right thing and vote to keep the government open. We don’t want this to happen.”

Johnson didn’t clarify why — if Trump believes furloughed workers should receive back pay consistent with the 2019 law — the White House budget office prepared a memo stating the opposite.

Johnson’s official House website explains that during a shutdown “federal employees will either be furloughed, or in some cases required to work without pay. Under federal law, employees are entitled to back pay upon the government reopening.”

Democrats call for negotiations on shutdown

Senate Minority Leader Chuck Schumer, D-N.Y., said during a morning floor speech that Johnson “has become a massive roadblock to progress,” though he didn’t address the possibility of no back pay for furloughed workers.

“Ending this shutdown will require Donald Trump to step in and push Speaker Johnson to negotiate because without the president’s involvement, Speaker Johnson and MAGA Republicans in the House are increasingly dug in,” Schumer said.

House Democratic Leader Hakeem Jeffries,  a New York Democrat, said during a morning press conference the White House was incorrect in its new interpretation.

“The law is clear — every single furloughed employee is entitled to pay back. Period. Full stop,” Jeffries said. “The law is clear and we will make sure that that law is followed.”

American Federation of Government Employees National President Everett Kelley wrote in a statement the “frivolous argument that federal employees are not guaranteed backpay under the Government Employee Fair Treatment Act is an obvious misinterpretation of the law.

“It is also inconsistent with the Trump administration’s own guidance from mere days ago, which clearly and correctly states that furloughed employees will receive retroactive pay for the time they were out of work as quickly as possible once the shutdown is over.”

Shauneen Miranda contributed to this report.

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.