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Shutdown

Thousands of Feds Still Await Back Pay After Shutdown

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Despite efforts to ensure that federal workers impacted by the 35-day partial government shutdown received back pay as quickly as possible, an official at the government’s largest payroll processor confirmed Thursday that “thousands” of employees at the Homeland Security Department are still waiting for their first paycheck of the year.

And employees at other agencies say they still are missing a significant chunk of what they were owed and it is unclear when they will be made whole.

An official at the National Finance Center, which is housed within the Agriculture Department and provides payroll services to more than 130 agencies across the federal government, confirmed Thursday that processing back pay has been “a big issue throughout all of DHS.” Due to an error related to “adjustments of pay,” HR employees have been working overtime since the government reopened to fix each employee’s pay manually.

“This was departmentwide for DHS, and there are thousands of individual, manual payments they’ve had to do,” the official said. “It’s crazy over there.”

The National Finance Center official said all Homeland Security employees still awaiting back pay should see their back pay sometime between today and Feb. 12 as essentially “three pay checks in a single deposit.”

Acting Office of Personnel Management Director Margaret Weichert touted the administration’s efforts to secure back pay in a tweet last week, suggesting that employees were “getting paid in record time” and that most employees “will be paid by [Jan. 31].” A senior administration official told Government Executive that although the vast majority of the 800,000 employees either furloughed or working without pay during the shutdown have received all of their back pay, officials were committed to ensuring remaining workers are made whole as swiftly as possible.

“The administration took unprecedented steps to ensure federal employees impacted by the shutdown received back pay within a week and before the end of the month,” the official said. “The challenges of executing a mid-cycle paycheck in record time led to a modest number of exceptions, but the vast majority of affected employees welcomed their back pay on or before January 31, rather than waiting until their next scheduled pay day of February 8.”

Officials with the American Federation of Government Employees said there also have been a number of issues surrounding back pay payments from the Interior Business Center, a payroll processor within the Interior Department that services a variety of federal agencies. In addition to incomplete payments, those paychecks have not been reflected in agency HR portals, and a number of important payroll deductions were not taken out of the payments.

A National Finance Center official confirmed that it also did not take out deductions like court-ordered payments or union dues.

“On the back pay issue, we’ve got people here [at the National Science Foundation] who are still missing between 25 and 33 percent of our pay,” said David Verardo, president of AFGE Local 3403, which represents around 1,000 NSF employees. “This is from the Interior Business Center—that’s who handles our payroll—and a whole lot of deductions weren’t taken out, including child support, alimony and, of course, union dues. The agency has told us that we have to just deal directly with those creditors. I don’t know how that works, but it seems like it involves law enforcement and the courts, so we’re bracing for some difficult times.”

The issue appears to be widespread. Officials at the Federal Railroad Administration also reported that they haven’t received all of their back pay yet, and employees at the National Archives and Records Administration also experienced issues where various deductions, from child support and alimony payments to “401k” Federal Savings Plan loan repayments and union dues, were not taken out of their paychecks.

A post on the Interior Business Center’s website confirms that it only took “required deductions” out of back pay payments, such as taxes, insurance premiums and federal retirement program contributions.

“For other deductions, it depends on the type of deduction as to how retroactive payments will be made,” the payroll processor wrote. “In general, voluntary allotments such as Combined Federal Campaign and allotments to financial institutions will not be deducted from back pay. Another example is court-ordered payments, which may have required employees to continue to make payments via personal checks while in non-pay status.”

In a statement, the Interior Business Center said it is aware of issues surrounding missing payroll deductions, and will provide additional information to agencies “as it becomes available.” Additionally, a spokesperson said all outstanding back pay should reach employees in their next pay check, which is due to go out by Feb. 12.

“The overwhelming majority of employees received their pay on or by Jan. 31, 2019,” a spokesperson said. “The small group of employees affected (those who have not received their back pay in full) due to issues such as personnel status or data entry will receive a full interim payment in the upcoming pay cycle.”

Congress Looks For New Ways to Pay Federal Employees

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Many of the 800,000 federal workers on furlough or working without pay during the now-month-long shutdown will miss their second paycheck on Jan. 25.

Some members of Congress are offering bills to reduce the financial impact of the shutdown on feds, even as the White House and Democratic lawmakers remain at odds over funding and reopening the government.

Rep. Anthony Brown (D-Md.) is pushing a bill that would permit the more than 400,000 federal employees working without pay — including FBI agents and airport security screeners — to collect unemployment benefits.

The Labor Department recently affirmed its policy of not permitting working people from collecting unemployment, even though they are not being paid.

“If Trump is going to continue to hold federal employees hostage, then we will ensure they yare provided for during the shutdown,” Brown said on Twitter.

Rep. Peter Welch (D-Vt.) wants to keep paying feds who work during a shutdown.

“It defies common sense and anyone’s definition of fairness to require federal employees to work without pay,” Welch said in a statement. His bill would apply to future shutdowns as well.

Rep. Eleanor Holmes Norton (D-D.C.) is offering a bill to give back pay to contractors in custodial, retail, food service, security and other typically low-wage jobs supporting federal activities.

Rep. Bob Gibbs (R-Ohio) offered a bill to pay employees required to work, as a one-off appropriation for the current shutdown. His bill attracted 23 co-sponsors – all Republicans. Other members have offered similar legislation.

Many feds are dipping into their retirement funds for cash during the shutdown. Rep. Pete Olson (R-Texas) wants to let them do so without incurring any penalty.

Commerce Secretary Wilbur Ross, meanwhile, said in an interview on CNBC’s Squawk Box that feds should look to their banks for assistance.

Asked about feds resorting to food banks because of missed paychecks, Ross said, “I know they are and I don’t really quite understand why, because I mentioned before, the obligations that they would undertake — say borrowing from a bank or a credit union — are in effect federally guaranteed, so that the 30 days of pay that some people will be out, there’s no real reason why they shouldn’t be able to get a loan against it, and we’ve seen a number of ads from financial institutions doing that.”

House Speaker Nancy Pelosi dismissed Ross’s comments.

“Is this a ‘let them eat cake’ kind of attitude? Or call your father for money?” Pelosi asked in her weekly press conference. “Or this is character building for you it’s all going to end up very well just so long as you don’t get your paychecks… I don’t quite understand why as hundreds of thousands of men and women are about to miss a second paycheck tomorrow.”

Plan to Pay Excepted Feds Immediately Gains Momentum

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With just days remaining until federal employees at unfunded agencies miss their second straight pay check, an idea to compensate at least some of them promptly appears to be gaining traction on Capitol Hill.

Two weeks ago, Sens. Ron Johnson, R-Wis., and Susan Collins, R-Maine, introduced the Shutdown Fairness Act (S. 113), which would make sure federal workers at unfunded agencies who are currently working without pay will get their pay checks on time, instead of after the government reopens. The measure would not compensate furloughed employees, although last week President Trump signed legislation to provide them with back pay after agencies reopen.

“All employees required to work during the shutdown to perform national security and other critical functions should receive paychecks on a current basis,” Collins said in a statement. “It is not fair to force employees to work and not pay them. Hundreds of thousands of federal employees and their families are being harmed by the partial government shutdown, and I am continuing to work with my colleagues and the White House to bring it to an end as quickly as possible.”

Jan. 18 marked the end of the second full pay period of the government shutdown. If Congress cannot reach an agreement on how to fund the government this week, roughly 800,000 employees, of which at least 420,000 are working without pay, will miss their second straight pay check.

Although the bill was introduced with four other Republican cosponsors, that tally had grown to 20 by Tuesday. And although he is not yet an official sponsor, Sen. Mark Warner, D-Va., threw his support behind the idea in multiple news interviews.

“The fact is, since we have already agreed to pay them when we reopen, why shouldn’t we at least go ahead and, even if we are shut down, pay these federal workers come Thursday, so they don’t have to incur additional pain and suffering?” Warner said Friday.

Warner repeated that sentiment on “Meet the Press” on Sunday. And on Tuesday, Warner introduced the Stop Shutdowns Transferring Unnecessary Pain and Inflicting Damage in the Coming Years Act, an effort to prevent future government shutdowns, similar to legislation introduced by Sen. James Lankford, R-Okla., and others last week.

Lankford’s bill would institute an automatic continuing resolution at existing spending levels in the event that Congress fails to approve an appropriations package, although the approved spending would decrease by 1 percent after 90 days, and an extra 1 percent for each 30 days thereafter. But Warner’s bill would maintain existing spending levels for all unfunded agencies, and end appropriations for Congress, its associated agencies and offices, and for the Executive Office of the President.

“The Stop STUPIDITY Act takes the aggressive but necessary step of forcing the president and Congress to do the jobs they were elected to do,” Warner said in a statement. “It is disturbing that the daily lives of hundreds of thousands of workers are at the mercy of dysfunction in Washington.”

Labor Dept. Denies Request That Excepted Feds Be Eligible for Unemployment

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Labor Secretary Alex Acosta has rejected an effort by District of Columbia Mayor Muriel Bowser to allow federal employees working without pay during the partial government shutdown to be eligible for unemployment benefits while agencies remain shuttered.

On Monday, Bowser sent a letter to Acosta requesting the change in policy. Currently, furloughed federal workers and idle contractors in a number of states can apply for unemployment, although they are expected to return the money when they return to work and Congress has approved back pay. But excepted employees, whose pay is guaranteed once the government reopens, cannot apply for unemployment.

In the letter, Bowser said it is unfair that employees working without pay are effectively in worse financial straits despite arguably sacrificing more during a shutdown.

“These federal workers are providing the nation and our region with vital services such as public safety,” she wrote. “Without a steady paycheck or unemployment benefits, hardworking federal workers and their families are forced to make difficult decisions: pay the mortgage or buy groceries; pay for a doctor’s appointment or pay to keep the lights on. These are decisions no one should have to make.”

But on Thursday, Bowser reported that her request was denied and decried the decision. She noted that in Washington, D.C., alone, more than 7,500 furloughed federal workers and contractors had already filed for unemployment. That number increases to roughly 9,000 federal workers, not including contractors, in the D.C. metro area.

“Federal workers and their families continue to pay the highest price for this unnecessary and unprecedented shutdown,” Bowser said in a statement. “It is unconscionable for the Trump administration to acknowledge that these individuals are working without pay and with no end in sight, but will not make the smallest effort to help them by allowing states to offer unemployment insurance benefits.”

The line between federal workers who are furloughed and excepted is shifting, as agencies like the IRS recall significant numbers of workers to restore services despite the lapse in appropriations. Observers have been vocal in questioning the legality of such decisions, and the constantly loosening interpretation of what constitutes the protection of life and property is the subject of a lawsuit by the National Treasury Employees Union.

Friday marked the end of the second full pay period of the shutdown, which is in its 28th day. Agencies will be required to send out new furlough notices next week, as the shutdown passes the 30-day mark. If a deal to reopen the government is not reached by Tuesday, employees of unfunded agencies likely will miss their second straight paycheck.

See Who Would Get Furloughed in a End of the Year Shutdown

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The federal government is about a week away from shutting down, though only about 41 percent of civilians report to agencies at risk of having their doors shuttered.

Congress has already allocated a majority of full-year spending, with President Trump signing legislation that accounts for 75 percent of annual discretionary appropriations. Those bills set line-by-line spending for the departments of Defense, Labor, Health and Human Services, Education, Energy and Veterans Affairs, among other agencies.

The departments of Transportation, Housing and Urban Development, State, Interior, Agriculture, Treasury, Commerce, Homeland Security and Justice, as well as other independent agencies, are currently operating under a continuing resolution set to expire Dec. 21. Those agencies will be forced to shut down after that date if Congress fails to act.

About 850,000 employees work at those agencies, and about 345,000, or 41 percent, of them would be subject to furloughs under a partial shutdown, according to the most recent data federal agencies have made available on their contingency planning. An update to Office of Management and Budget guidance during the Obama administration required agencies to refresh their shutdown plans at least every two years starting in 2015.

The plans vary significantly from agency to agency, with some enabling nearly their entire workforces to continue working because of the funding stream that pays their salaries or because their jobs are necessary to protect life and property. Other agencies, such as NASA or the Housing and Urban Development Department, would send home about 95 percent of their employees. Those working during a shutdown must go without pay until the government reopens, while furloughed workers are not guaranteed back pay at all. Historically, Congress has always taken action to provide those lost wages.

Some agencies have changed their plans drastically, following 2017 guidance from OMB Director Mick Mulvaney that instructed them to use “carry-forward funding” and “transfer authority” as much as possible to mitigate the impact of an appropriations lapse. Last year, for example, the Environmental Protection Agency planned to furlough 95 percent of its employees during a shutdown. This year, it will use unexpired multi-year and no-year funding to keep nearly its entire workforce on the job, sending home only a portion of the inspector general’s office.

Some agencies, such as the State Department, have updated their plans but have not spelled out exactly who would be furloughed. During the 16-day shutdown in 2013, State sent home just a few hundred of its 70,000 employees, but warned it would have had to add thousands to that list if the government had remained closed much longer.

Below is a chart detailing the furlough rates of every agency with more than 1,000 employees that would be subject to a shutdown come Dec. 21: