Congress Paid During Shutdown Contractors Often Left Unpaid

As the United States government shutdown continues, a clear divide has emerged between those who receive pay and those who do not. While federal employees may face unpaid furloughs, members of Congress continue to receive their salaries, highlighting the disparities in the impact of funding lapses.

Congressional Salaries Protected by Constitution

Members of Congress are constitutionally guaranteed salaries under Article I, Section 6 of the U.S. Constitution. Most Senators and Representatives earn $174,000 annually, the House Speaker earns $223,500, and Senate and House leaders earn $193,400. These salaries are funded through permanent appropriations, which ensure that lawmakers continue to be paid even during a government shutdown.

Dan Koh, host of The People’s Cabinet podcast and former deputy assistant to President Joe Biden, emphasized the contrast in a clip posted on September 29: “If the government shuts down, members of Congress still get paid. The janitors never get paid.”

Federal Employees May Work Without Pay

Federal employees, even those deemed essential, may face unpaid furloughs. This includes immigration enforcement officers, Transportation Security Administration (TSA) agents, and other frontline staff.

A 2019 federal law guarantees back pay to employees furloughed due to a lapse in appropriations or required to work without pay. However, this protection does not extend to contractors, leaving many essential workers employed by third-party companies at financial risk.

Contractors and Janitorial Staff Often Face Income Loss

Most janitors and other support staff on federal property work for private contractors rather than the government. Experts note that these workers are historically not guaranteed back pay during shutdowns.

Jim Malatras, chief strategy officer at The Fedcap Group, which manages federal janitorial contracts, said his company continues paying employees “while we have the funding to do so.” Charlotte Hoffman, spokesperson for Senator Tina Smith, added that each contracting company decides whether employees continue receiving pay, meaning outcomes vary widely.

The Committee for a Responsible Federal Budget noted that federal contractors often include premiums in their bids to account for potential payment gaps. Despite this, many contractor employees face permanent loss of income during shutdowns.

Legislative Efforts to Address Contractor Pay

Some lawmakers, including Senator Tina Smith, have proposed legislation to provide back pay to federal contractors during shutdowns. However, these bills have not yet advanced, leaving contractors and janitorial staff without guaranteed protections.

Background: Reason for the Shutdown

The current U.S. government shutdown stems from a partisan battle over Affordable Care Act subsidies and Medicaid funding, both included in must-pass legislation. As debates continue, federal employees, contractors, and service staff remain in a state of uncertainty, while Congressional paychecks remain unaffected.

As the shutdown continues, disparities in pay highlight the financial vulnerability of federal contractors and essential employees, in contrast to lawmakers who remain fully compensated. The situation underscores longstanding debates over equity and protections during government funding gaps.