If you are a federal employee and are not currently receiving your paycheck due to the government shutdown, you are probably wondering: Will I receive retroactive pay once the shutdown ends? This is a real concern for approximately 1.4 million workers who have not received their full paychecks since Friday, October 10. Both furloughed employees and "excepted" workers, who are required to continue working without pay during the shutdown, are entitled to pay back. This is clearly stated in the Government Employee Fair Treatment Act of 2019. "Both groups shall be paid for the period of the lack of assignments, and each excepted employee required to work during this period shall be paid for that work at their standard rate," the act details. Despite this, some internal government memos have caused confusion. A draft from the White House Office of Management and Budget suggests that furlough workers may not receive back pay. “I would say it depends on who we're talking about,” President Trump said on October 7, referring to furlough worker payments. However, legal experts insist that the law unequivocally protects federal employees. “The law is very clear in its mandate to give automatic back pay to furlough workers during a lack of assignments,” confirms Max Stier, CEO of the Partnership for Public Service. The timing of the back pay will be as soon as possible after the government shutdown ends, regardless of the scheduled pay date. Michael LeRoy, a professor of labor law at the University of Illinois, explains that “the law makes it clear that they are entitled to back pay and favors automatic payment.” This means that workers should receive their full pay for the unpaid days immediately after the funds are approved. It is important to note that government contractors, who work in cleaning services, technology, and other areas, are not covered by this law, and their pay will depend on the funding of their contracts. Additionally, federal employees can apply for unemployment compensation for the duration of the shutdown. Benefits apply for up to 26 weeks and vary according to state law. When back pay is paid,any unemployment benefits received will be adjusted to avoid overpayments. Exempt workers who continue to work are not considered unemployed and generally do not qualify for unemployment benefits. Tom Spiggle, an employment attorney, noted that these employees should expect to receive their back pay without it affecting any additional compensation they may have earned during the shutdown. It is essential that you keep all of this information in mind if you are a government employee, furloughed, or continuing to work without pay. If you are a contractor, you should review your contract to see if you are entitled to retroactive or partial payment.

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