The Solidarity Docket
Weekly Update from General Counsel Suzanne Summerlin
October 10, 2025
Friends,
The shutdown continues on with no end in sight. Federal workers across the country are counting the days until their first missed paycheck, while many are navigating confusion over rights, pay, and job security. Here’s what you need to know this week.
1. Paycheck Countdown
The clock is ticking toward the first real economic pain point for most federal workers:
October 10: Reduced pay (roughly 70%) for most.
October 24: First full missed paycheck.
October 30: 30th day of shutdown.
November 7: Second full missed paycheck.
With the House not scheduled to reconvene until October 14, there are no meaningful negotiations underway. Federal workers are bracing for impact.
2. New Legislation to Protect Federal Workers’ Rights
Senators Blumenthal, Alsobrooks, Van Hollen, and Rep. Walkinshaw introduced a bill this week to convert Merit Systems Protection Board (MSPB) claims into federal court claims when the Board is unable to act.
“Federal employees deserve a fair process, not endless delays caused by vacancies or shutdowns,” said Sen. Blumenthal.
Read more → Blumenthal Senate Press Release
3. Litigation Watch: Shutdown & RIF Challenges
Democracy Forward, AFGE, AFSCME, and other unions have filed a complaint challenging OPM’s shutdown guidance that classifies RIF-related work as “excepted.”
Plaintiffs argue that processing RIFs during a funding lapse violates the Antideficiency Act by creating new financial obligations without appropriations.
A temporary restraining order (TRO) has been filed.
The suit seeks to vacate the OMB/OPM guidance and bar agencies from conducting RIFs during the shutdown.
So far, no widespread RIFs have been reported beyond a small action at the U.S. Patent and Trademark Office (~1% of staff).
A separate AFGE complaint in D.C. alleges the Department of Education violated the Hatch Act when it altered employees’ out-of-office messages to include partisan language.
Other agencies, including HUD, USDA, CDC, and HHS, reportedly posted similar messaging on public websites. These actions have prompted a lawsuit and ethics complaints from Public Citizen and others.
For more on ongoing cases, see our updated Federal Worker Litigation Tracker (Oct. 8, 2025).
4. The Back Pay Law: What GEFTA Actually Says
The Government Employee Fair Treatment Act (GEFTA), enacted in 2019 and signed into law by then-President Trump, guarantees that all furloughed and excepted federal employees will receive back pay for the duration of a government shutdown once appropriations are restored.
The law was passed with overwhelming bipartisan support after the 2018–2019 shutdown, which left hundreds of thousands of federal workers without pay for weeks. GEFTA amended 31 U.S.C. §1341 to make clear that:
“Each employee of the United States Government furloughed as a result of a lapse in appropriations shall be compensated for the period of the lapse in appropriations.”
There is no ambiguity in the statute. The law mandates payment; it does not condition it on a new appropriations act.
Union leaders have spoken out forcefully against recent White House suggestions that back pay may not be automatic. As AFGE President Everett Kelley put it, “Federal workers aren’t bargaining chips. The law is clear. They will be paid.”
Watch this Washington Post video of union leaders condemning the administration’s threats to withhold back pay.
In Solidarity
The shutdown is testing the resilience of federal workers and the advocates who defend them. But the law, the unions, and the courts remain powerful tools of accountability. Together, we continue to hold the line.
In solidarity,
Suzanne Summerlin
General Counsel, Rise Up: Federal Workers Legal Defense Network