The Trump administration is warning federal workers furloughed in the government shutdown that they may not get back pay once the funding impasse ends, which some lawmakers are decrying as illegal.

A memo prepared by the Office of Management and Budget states that a 2019 law signed by President Trump guaranteeing retroactive pay after a shutdown does not apply to those who have been temporarily asked not to report to work.

On Tuesday, Trump told reporters that back pay depends on who we're talking about and that some workers don't deserve to be taken care of.

About 750,000 employees would not be receiving their regular pay as the shutdown nears the end of its first week.

The top Democrat in the US House of Representatives, Hakeem Jeffries, disagreed with Trump's interpretation: The law is clear — every single furloughed federal employee is entitled to back pay, period, he stated.

The memo was prepared last week but was first reported by U.S. media on Tuesday. According to the OMB, when the shutdown ends, the government must pay essential employees, like air traffic controllers, who were required to work. Conversely, it claimed no duty exists to retroactively pay those who were furloughed without pay.

A 2019 law passed by Congress states that employees furloughed or required to work during funding lapses need to be compensated for the entire duration of the lapse.

The current shutdown began on October 1, and bipartisan negotiations are underway, although neither party has reached a resolution to reopen government. Democrats are advocating for a deal that would tackle healthcare issues, while Republicans are pushing for legislation that simply addresses the federal budget.

House Speaker Mike Johnson indicated that he had not yet consulted with the White House regarding back pay, but he highlighted ongoing legal analyses questioning the requirement to compensate furloughed employees.

During the ongoing discussions, Johnson noted that previously, many furloughed workers had received back pay, but new analyses suggest that may not be necessary this time around, adding pressure for bipartisan cooperation.

Democrats criticized the OMB memo as illegal, with Senator Mark Warner expressing outrage and framing it as another attempt by OMB Director Russ Vought to undermine federal workers during distressing times.

Several Republican leaders were also skeptical about Trump's assertions, suggesting that it is reasonable to expect paid compensation for furloughed workers to mitigate any undue stress on them.