The New York Times has published this helpful chart regarding which federal employees must still attend work during the government shutdown – because they are “essential to the protection of life and property and to national security” or fall under other exceptions – and which are instructed to stay home.
More than 800,000 out of the federal government’s 2 million employees may be furloughed. Some departments, such as the Departments of Defense, Homeland Security and State, will furlough only a small proportion of their workers because their missions are so closely tied to national security. Other offices and programs, such as the Consumer Financial Protection Bureau and the Affordable Care Act, will continue because their appropriations largely do not come from the annual budget process.
Yet, when those who continue to work will get paid for this time remains unclear. The Office of Management and Budget has said that “all excepted employees are entitled to receive payment for obligations incurred by their agencies for their performance of excepted work” during the shutdown. But, these payments will not occur until after Congress passes an appropriations bill – in other words, until the shutdown is resolved. Consequently, many federal workers could be waiting weeks or months before receiving their paychecks, even if they are required to continue working.
What about employees who are furloughed? According to the Congressional Research Service, “Federal employees who have been furloughed under a shutdown historically have received their salaries retroactively.” Yet, there is no guarantee that Congress will appropriate money to pay furloughed workers this time. Interestingly, according to the New York Times, “Members of Congress [themselves] . . . are deemed essential and would continue to be paid.”
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May 5
Unemployment rates for Black women go up under Trump; NLRB argues Amazon lacks standing to challenge captive audience meeting rule; Teamsters use Wilcox's reinstatement orders to argue against injunction.
May 4
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal. On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January […]
May 2
Immigrant detainees win class certification; Missouri sick leave law in effect; OSHA unexpectedly continues Biden-Era Worker Heat Rule
May 1
SEIU 721 concludes a 48-hour unfair labor practice strike; NLRB Administrative Law Judge holds that Starbucks committed a series of unfair labor practices at a store in Philadelphia; AFSCME and UPTE members at the University of California are striking.
April 30
In today’s news and commentary, SEIU seeks union rights for rideshare drivers in California, New Jersey proposes applying the ABC Test, and Board officials push back on calls for layoffs. In California, Politico reports that an SEIU-backed bill that would allow rideshare drivers to join unions has passed out of committee, “clear[ing] its first hurdle.” […]
April 29
In today’s news and commentary, CFPB mass layoffs paused again, Mine Safety agency rejects union intervention, and postdoctoral researchers petition for union election. A temporary pause on mass firings at the Consumer Financial Protection Bureau (CFPB) has been restored. After a trial court initially blocked the administration from mass firings, the appeals court modified that […]