Backpay will not happen for contractors affected by shutdown

Discussion in 'Politics' started by Here4money, Feb 13, 2019.

  1. Here4money


    Thoughts and prayers for all tradies whose paycheck is affected by not having a wall


    Contractor back pay not included in shutdown deal
    Back pay for federal contractors impacted by the recent government shutdown did not make it into a funding deal expected to be filed later Wednesday, a source told The Hill.

    A Democratic source, asked if it made into the agreement, said that "nothing extra was included [because] Republicans refused to do back pay."

    In addition to back pay for contractors, an extension of the Violence Against Women Act (VAWA) is not expected to be included in the funding deal. The Senate is expected to vote first on Thursday on the agreement, according to a Senate source.

    The fight over back pay for federal contractors moved into the spotlightearlier Wednesday when Democrats accused Republicans of refusing to include it in the bill.

    "Thousands of federal contractors have not been reimbursed from the 35-day shutdown. This issue is still hanging in the balance," Senate Minority Leader Charles Schumer (D-N.Y.) said from the Senate floor. "No one should stand in the way of that. It's just not fair to them. They were hostages."

    A Democratic source familiar with the negotiations said Senate Majority Leader Mitch McConnell (R-Ky.) was objecting to including the back pay for contractors.

    A spokesman for McConnell directed questions about the issue to the Office of Management and Budget. Sen. Roy Blunt (R-Mo.), a member of GOP leadership, said he has been told President Trump won’t sign it.

    A source familiar with the legislation said the administrative cost for implementing the new back pay requirements would be almost as high as the pay out to contractors impacted by the partial government shutdown.

    But outside groups and Democratic staffers expressed skepticism about the notion that implementing back pay for impacted contractors could cost hundreds of millions of dollars, pushing back on the claim.

    A Democratic aide added that the back pay legislation, which was also introduced a stand-alone bill by Sen. Tina Smith (D-Minn.), would build on an administrative process that already exists for processing other claims from contractors.

    Smith, in a statement on Wednesday night, pledged to keep working to get back pay for federal workers impacted by the 35-day government shutdown.

    “According to recent reports, it seems they are left out in the cold, with no back pay. My legislation to right this wrong, which had bipartisan support, should have been included in the final budget deal, but I’m not done fighting to make this right, and I’ll keep on working to get it done," she said.

  2. And why should Contractors be paid during the shutdown. They did not come into work and are not employees. Most are highly compensated people such as IT Contractors and not janitors.
    elderado and Clubber Lang like this.
  3. carrer


    Democrats would quickly pay them fearing of losing votes.
    Trump will do what's right for the country, even if he has to lose votes.
  4. Here4money


    In the real, non-socialist world, people are held liable for breaching contracts that result in non payment to your affiliates, regardless of the reason.
  5. Tsing Tao

    Tsing Tao

    Non-payment is the term you use when work was performed, but not paid for. You don't use this when no work was done.

    Contractors have an "at will" clause in their contracts that allow for both sides to break the agreement.

    I am not supporting or condemning the action - just pointing the above out.
  6. Here4money


    And the at will clause may be the case here. I just know I still gotta pay my doctor (as I should) if I cancel last second. He didn't do any work, but I cost him time he could've used for other clients. Perhaps non-payment is not the precise legal term, but financial liability still exists.
  7. Tsing Tao

    Tsing Tao

    First, there is no such financial liability between a contractor and an employer. 10 to 1 the government shutdown shows up in a Force Majeure clause in any standard boilerplate dealing with the government.

    Second, the doctor fee for canceling an appointment has been challenged before in certain states and found not binding, and it did not have to be paid. Doctor's offices put that out there but rarely go to collections over it. They're just trying to minimize schedule disarray. It has nothing to do with a working relationship between a contracted employee and employer.

    You're welcome to ask a lawyer.
    Here4money likes this.
  8. Here4money


    I think I usually sign some paperwork at the doc's office accepting liability for last minute cancellations so I take it as contractual. And I'll be honest, I thought of essential employees (TSA & the like) who came into work w/o pay when starting the thread. Would make sense to not have any essential employees be contractors, but I've heard the government fucking up in worse ways.
  9. Tsing Tao

    Tsing Tao

    If they came to work without pay, then they should absolutely be entitled to pay - unless they were told not to come in and they did anyway. I'm not so sure that is what is going on here.

    And yes, you've signed the paper at the doctor's office, but its been found in the past to not be enforceable. Doesn't mean people don't pay it.