"A letter from Acting IRS Human Capital Officer David Traynor to IRS employees stated that although workers would be "placed in non-pay and non-duty status during the furlough," GEFTA requires that federal workers who are "furloughed or required to work during a lapse in appropriations to be compensated for the period of the lapse." It adds that they must be compensated on the "earliest date possible" after the lapse comes to a close."
"The contention in the draft memo centered around the phrase that furloughed employees would be compensated "subject to the enactment of appropriations Acts ending the lapse." According to the White House argument, that means money for those workers needs to be specifically appropriated by Congress. Asked about not paying furloughed workers, Trump told reporters, "it depends on who we're talking about." But attorneys and other advocates for federal workers say that's a clear misreading of the law's intent."
A letter from Acting IRS Human Capital Officer David Traynor informed employees that workers would be placed in non-pay and non-duty status during the furlough, and cited GEFTA as requiring compensation for federal workers furloughed or required to work during a lapse in appropriations. The letter said compensation must occur on the earliest date possible after the lapse ends. An OMB draft memo argued the law had been misconstrued, prompting bipartisan concern. Congressional figures voiced opposing legal interpretations. The White House asserted that back pay requires specific appropriations; some attorneys and advocates called that a clear misreading. The IRS began an agency-wide furlough affecting nearly half its workforce and closed most operations.
Read at Axios
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