# Will people get "back pay" for work during the Government Shut Down?

**URL:** <https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251>\
**Category:** In My Humble Opinion\
**Created:** [January 22, 2018, 10:36pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251 "2018-01-22T22:36:34Z")\
**Posts on this page:** 19\
**Page:** 1

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**Author:** ![McDeath\_the\_Mad](https://avatars.discourse-cdn.com/v4/letter/m/a3d4f5/32.png) [@McDeath\_the\_Mad](https://boards.straightdope.com/u/McDeath_the_Mad)\
**Post date:** [January 22, 2018, 10:36pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/1 "2018-01-22T22:36:34Z")

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Now that the US government is funded for another few weeks, will any government employee who had to work over the weekend (basically essential services type employees) now be compensated for their time?

Would they have been anyway?

I also heard that Gold Star families payments were stopped because of the shutdown. I assume because the shutdown was really only for the better part of a single business day that most people won’t be affected (monetarily) by this whole fiasco?

Just curious…

MtM

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [January 23, 2018, 12:12am UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/2 "2018-01-23T00:12:39Z")

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Government employees furloughed during shutdowns have always been paid by virtue of Congressional action after the fact. It’s case-by-case, no guarantee, but they always do it. Paychecks are delayed until after the shutdown, but they do get back pay on restart.

Contractors, on the other hand, are screwed.

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**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\
**Post date:** [January 23, 2018, 12:26am UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/3 "2018-01-23T00:26:13Z")

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> [@McDeath\_the\_Mad](#):
>
> Now that the US government is funded for another few weeks, will any government employee who had to work over the weekend (basically essential services type employees) now be compensated for their time?

Federal employees have always been paid for any work they performed during shutdowns. If I read it correctly, federal employees who were told not to come in have always been paid for work they would have performed during shutdowns.

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [January 23, 2018, 12:44am UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/4 "2018-01-23T00:44:31Z")

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There are really two issues here:  
[ul]  
[li]Will essential federal employees, who are required to work – without pay – be paid back pay? Yes, as required by law.[/li][li]Will non-essential employees, who were furloughed, be paid back pay? Historically, the answer has been yes. However, there is no guarantee it will occur this time. The meanness of Trump and Republicans towards federal employees – which the media does not address, because so much is hidden from the media and the people – precludes this common sense approach.[/li][/ul]

Federal contractors, on the other hand, are screwed.

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**Author:** ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)\
**Post date:** [January 23, 2018, 3:32am UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/5 "2018-01-23T03:32:43Z")

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Re federal contractors.  
Yes, they are out of luck in a shutdown-unless they thought ahead and got the appropriate clauses into their contracts. After the last few shutdowns, the Gov’t has been allowing contractors to put into their contracts that paying their employees during a shutdown is an allowable overhead expense (or I guess it might be a direct charge depending on how the contracting officer is feeling that day). And only contractors who work at Gov’t sites are shut down (exceptions always exist), many contractors can read manuals or polish the brass at company facilities during the shutdown. Remember, it isn’t like the Gov’t sponsor can take the $ and spend them someplace else (again, I realize that in many contracts they can do that, but in many others they can’t), so might as well let the contractors get the money. Otherwise it would just go back to the treasury.

Yes, it is bad for the contractors. But year by year it is getting part of doing business with the Gov’t.

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**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\
**Post date:** [January 23, 2018, 5:28pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/6 "2018-01-23T17:28:59Z")

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> [@Duckster](#):
>
> There are really two issues here:  
> [ul]  
> [li]Will essential federal employees, who are required to work – without pay – be paid back pay? Yes, as required by law.[/li][li]Will non-essential employees, who were furloughed, be paid back pay? Historically, the answer has been yes. However, there is no guarantee it will occur this time. The meanness of Trump and Republicans towards federal employees – which the media does not address, because so much is hidden from the media and the people – precludes this common sense approach.[/li][/ul]
> 
> Federal contractors, on the other hand, are screwed.

Federal employees have been provided back pay for anytime they were furloughed in the CR. Trump and the Republicans are nicer than you think.

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [January 23, 2018, 5:34pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/7 "2018-01-23T17:34:59Z")

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Having been a fed since 86, I’ve gone through many variations of the shutdown/furlough dance. A couple of decades back, I recall having been told that - unless a shutdown stretches quite long - the administrative costs of cancelling employees paychecks would exceed the savings from not paying them. No idea whether it is correct or not, but given the cumbersome nature of many aspects of gov’t administration, it does not strike me as inconceivable.

The figure I never see adequately addressed is the inefficiency related to preparing for and recovering from a shutdown. In our 50-person office alone, one 30 minute meeting last Friday wasted 25 hrs of employee time. Multiply that by every office, and you come up with some serious coin. For what purpose?

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**Author:** ![The\_wind\_of\_my\_soul](https://avatars.discourse-cdn.com/v4/letter/t/ecc23a/32.png) [@The\_wind\_of\_my\_soul](https://boards.straightdope.com/u/The_wind_of_my_soul)\
**Post date:** [January 23, 2018, 9:43pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/8 "2018-01-23T21:43:22Z")

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I was furloughed in the 2013 shutdown. As a contractor, we were told that we had two options: we could take PTO, or we could elect to take unpaid leave and file for unemployment. I chose to take PTO, but the reason I’m saying this is because I was told that we were eligible for unemployment during a shutdown, which means that technically the government would be paying you SOMEthing, even if it’s not your full salary. Though since I didn’t try it, I can’t confirm for sure that it’s true.

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**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\
**Post date:** [January 23, 2018, 10:33pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/9 "2018-01-23T22:33:16Z")

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> [@puddleglum](#):
>
> Trump and the Republicans are nicer than you think.

They’d almost have to be.

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**Author:** ![DCnDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dcndc/32/2842_2.png) [@DCnDC](https://boards.straightdope.com/u/DCnDC)\
**Post date:** [January 23, 2018, 10:46pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/10 "2018-01-23T22:46:37Z")

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DoD contractor. Last time (2013) we were SOL. This time my specific company is treating it as a “site closing” like they do for snow days and will pay us for yesterday.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [January 24, 2018, 1:30pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/11 "2018-01-24T13:30:33Z")

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> [@Duckster](#):
>
> [ul]  
> [li]Will essential federal employees, **who are required to work – without pay –** be paid back pay? [/li][/ul]

(Bolding mine, post doorhinged)

This just seems wrong. If my employer told me I wouldn’t be getting paid, I’d stop working. Are there really people who _must_ report to work, even if they aren’t being paid? What about the 13th amendment, involuntary servitude, etc?

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**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\
**Post date:** [January 24, 2018, 2:29pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/12 "2018-01-24T14:29:57Z")

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> [@kayaker](#):
>
> This just seems wrong. If my employer told me I wouldn’t be getting paid, I’d stop working. Are there really people who _must_ report to work, even if they aren’t being paid? What about the 13th amendment, involuntary servitude, etc?

By law they must get paid. But that paycheck may be delayed.

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**Author:** ![Miss\_Mapp](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miss_mapp/32/369_2.png) [@Miss\_Mapp](https://boards.straightdope.com/u/Miss_Mapp)\
**Post date:** [January 24, 2018, 2:39pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/13 "2018-01-24T14:39:22Z")

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In 2013, I didn’t get paid for the days we were out – one very small paycheck for the 4-5 hours I had to go in to shut things down and post notices on our Web sites, then a couple of days short on the next pay period since we were only out for the beginning of that.

We’re under a different contract this time, and the new contractor said they would try to find us non-official work we could do at home or at their offices rather than let us not get paid anything while the gov’t was closed, but since we were in on Monday to shut things down and then back again bright and early Tuesday morning, there really wasn’t a gap this time. We’ll see what happens in February.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [January 24, 2018, 3:18pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/14 "2018-01-24T15:18:23Z")

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> [@Telemark](#):
>
> By law they must get paid. But that paycheck may be delayed.

Is there a limit to the delay, though?

If I’m paid every two weeks and my boss tells me to “be patient, you’ll get it eventually”, I’m out the door.

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**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\
**Post date:** [January 24, 2018, 3:39pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/15 "2018-01-24T15:39:35Z")

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> [@kayaker](#):
>
> This just seems wrong. If my employer told me I wouldn’t be getting paid, I’d stop working. Are there really people who _must_ report to work, even if they aren’t being paid? What about the 13th amendment, involuntary servitude, etc?

As **Telemark** points out, essential federal workers absolutely will get paid, albeit after a delay. But if the policy were to not provide backpay to essential federal workers after the shutdown is over, the 13th amendment would still apply: you are free to not report for duty, and simply seek employment elsewhere.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [January 24, 2018, 3:53pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/16 "2018-01-24T15:53:25Z")

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By law they must get paid, it’s actually illegal to do your job for free. But the hardship of a delayed paycheck for the Army, ATC, Customs, etc. is one of the political tools of pressure on the elected officials to actually do something.

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**Author:** ![The\_wind\_of\_my\_soul](https://avatars.discourse-cdn.com/v4/letter/t/ecc23a/32.png) [@The\_wind\_of\_my\_soul](https://boards.straightdope.com/u/The_wind_of_my_soul)\
**Post date:** [January 24, 2018, 6:11pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/17 "2018-01-24T18:11:51Z")

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> [@kayaker](#):
>
> (Bolding mine, post doorhinged)
> 
> This just seems wrong. If my employer told me I wouldn’t be getting paid, I’d stop working. Are there really people who _must_ report to work, even if they aren’t being paid? What about the 13th amendment, involuntary servitude, etc?

Police officers have been in this situation. And if the entire police force takes a week off, then when the government opens they’ll probably end up having more work to do than if they had just kept working.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [January 24, 2018, 6:42pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/18 "2018-01-24T18:42:19Z")

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> [@The\_wind\_of\_my\_soul](#):
>
> Police officers have been in this situation. And if the entire police force takes a week off, then when the government opens they’ll probably end up having more work to do than if they had just kept working.

More work = more OT = $$$.

🙂

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**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\
**Post date:** [January 24, 2018, 8:19pm UTC](https://boards.straightdope.com/t/will-people-get-back-pay-for-work-during-the-government-shut-down/807251/19 "2018-01-24T20:19:20Z")

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> [@CookingWithGas](#):
>
> Government employees furloughed during shutdowns have always been paid by virtue of Congressional action after the fact. It’s case-by-case, no guarantee, but they always do it. Paychecks are delayed until after the shutdown, but they do get back pay on restart.
> 
> Contractors, on the other hand, are screwed.

Where I work, and it’s something like 75% contractors now, the contractors not only get paid, but they had to show up for work on the day the government employees were furloughed. The same thing happened during the last government shutdown. There was no problem with money, as, presumably, the contracts were all paid in advance.
