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Federal Legal Corner

OPM Employees Separated by RIF Prior to June 16, 2025, Must File MSPB Appeal by July 21, 2025

On May 8, 2025, Gilbert Employment Law, P.C. filed a class appeal with the Merit Systems Protection Board (MSPB) ...

DHS Employees Separated by RIF Prior to June 12, 2025, Must File MSPB Appeal by July 17, 2025

On May 23, 2025, Gilbert Employment Law, P.C. filed a class appeal with the Merit Systems Protection Board (MSPB) ...

Department of Energy Probationary Class Appeal Update

Following our request for a class appeal on the administration’s mass termination of probationary employees ...

Former Employees of DHS Oversight Offices File Class Appeal With MSPB

On May 23, 2025, Gilbert Employment Law, P.C. filed a class appeal with the Merit Systems Protection Board (MSPB) ...

Ex-Probationary DHS Workers Win Class Certification in Rare MSPB Action

The class certification brings fired probationary employees one step closer to potential reinstatement and sets ...

Ex-Office of Personnel Management Employees Challenge DOGE in Class Action Appeal

The class action seeks to undo mass RIFs at the agency that houses the federal workforce’s core human resources ...

Executive Order Directs VA to Resume Use of Special Adverse Action Statutes

On May 9, 2025, a new executive order was issued concerning the Department of Veterans Affairs (VA). While most of ...

OPM Issues Guidance Memorandum on Probationary Period Revisions

On April 28, 2025, the Office of Personnel Management (OPM) issued a guidance memorandum implementing the April ...

New Executive Order Significantly Modifies Probationary Period Rules for Federal Employees

On April 24, 2025, the Administration issued a new executive order, implementing significant changes to the ...

OSC Issues Hatch Act Advisory Opinion

On April 25, 2025, the Office of Special Counsel (OSC) issued a new advisory opinion revising its interpretation ...

Proposed Rulemaking Implementing Schedule Policy/Career (a/k/a Schedule F)

On April 23, 2025, the Office of Personnel Management issued a proposed rule in the Federal Register, 90 Fed.Reg. ...

New EEOC Issuances on “DEI-Related Discrimination” Claims

On March 19, 2025, the Chair of the Equal Employment Opportunity Commission (EEOC), in conjunction with the ...

FERS Postponed Retirement

With many federal employees now facing the prospect of applying for retirement earlier than planned due to ongoing ...

Proposed Rulemaking Implementing Changes in SES Performance Standards

On May 2, 2025, the Office of Personnel Management (OPM) issued a proposed rule in the Federal Register, 90 ...

Supreme Court Decision on Military Pay Differential for Civilian Employees

On April 30, 2025, the Supreme Court issued its decision in Feliciano v. Department of Transportation, one of the ...

New Executive Order Targets Disparate Impact Discrimination Claims

On April 23, 2025, the Administration issued a new Executive Order on discrimination issues.  While much of the ...

Defense Department Review of EEO Complaint Processes Raises Issues

On April 23, 2025, the Secretary of Defense issued a memorandum directing the heads of the military agencies to ...

Department of Defense Restores Employee Collective Bargaining Rights for Certain Employees

On April 23, 2025, the Department of Defense (DoD) published a notice in the Federal Register (90 Fed.Reg. ...

Department of Veterans Affairs Restores Employee Collective Bargaining Rights for Certain Employees

On April 17, 2025, the Department of Veterans Affairs (VA) published a notice in the Federal Register (90 Fed.Reg. ...

OPM Touts Schedule C Hiring Authorities to Agencies

On April 10, 2025, the Office of Personnel Management (OPM) issued a memorandum reminding agencies of the various ...

OPM Revises Performance Evaluation Standards for SL and ST Employees (and Possibly Other Federal Employees as Well)

On April 3, 2025, the Office of Personnel Management (OPM) issued a new guidance memorandum directing changes to ...

Proposal to Effectively End MSPB Adverse Action Appeal Rights for Many Federal Employees

Through a combination of recent executive orders and a forthcoming Office of Personnel Management (OPM) ...

New Presidential Memorandum Targets DEI in Foreign Service

On March 19, 2025, the Administration issued a new presidential memorandum expanding Administration anti-DEI ...

Retaining Federal Employee Life Insurance Benefits Post-Separation

With the substantial number of federal employees being subjected to reductions in force (RIFs), taking early ...
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