On December 22, 2025, the U.S. Office of Special Counsel (OSC) issued an update to its April 2025 Hatch Act advisory opinion, which was previously analyzed in this blog.
The Hatch Act, found at 5 U.S.C. §§ 7321 – 7326, places restrictions on how, when, or in what manner a federal government employee may engage in political activity. Violations of the Hatch Act are enforced by OSC, and charges are adjudicated by the Merit Systems Protection Board (MSPB).
In the original advisory opinion, OSC had stated that it was refraining from filing new Hatch Act complaints against former federal employees, pending the outcome of ongoing MSPB litigation on the issue. In its updated issuance, OSC reported that a MSPB administrative judge had subsequently found that former federal employees remain subject to MSPB jurisdiction for alleged Hatch Act violations. OSC accordingly announced that it would resume filing Hatch Act claims against former employees who have left federal service, if it finds that a possible Hatch Act violation has occurred. OSC also amended its prior press release regarding the April 2025 advisory opinion to reflect this update.
If you are a federal, state, District of Columbia or local government employee with questions regarding your rights and obligations in connection with the Hatch Act, consider contacting Gilbert Employment Law to request an initial consultation.