Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

June 2012 Archives

News from Congress: FAA Employees' Back Pay Rights Restored

News from Congress:  In a subsection to a larger statute earlier this year, Congress retroactively restored the rights of Federal Aviation Administration ("FAA") employees who win appeals at the Merit Systems Protection Board ("MSPB") to receive back pay awards. Prior to enactment of the FAA Modernization and Reform Act of 2012, Pub.L. 112-95, FAA employees who won appeals at the MSPB, unlike many other federal employees, were not entitled to receive applicable back pay, due to the effects of certain statutes associated with FAA's current separate personnel system. Section 611 of FAA Modernization and Reform Act of 2012 ends this restriction, and grants the MSPB the authority to award back pay to FAA appellants who win at the MSPB in the same manner as other successful civil service appellants. Most strikingly, Congress expressly made the restoration retroactive to April 1, 1996, meaning that successful FAA appellants who were previously denied back pay in earlier MSPB appeals may now be able to seek back pay relief from the MSPB.

Passman & Kaplan Founding Principal Joseph V. Kaplan To Be A Presenter at the NELA Convention, June 22, 2012, San Diego

Passman & Kaplan Founding Principal Joseph V. Kaplan will be a presenter at the annual convention of the National Employment Lawyers Association (NELA) to be held in San Diego, CA June 21-24. Mr. Kaplan will participate in a panel entitled "Maximizing Damages Through Direct Examination." Mr. Kaplan's specific presentation is entitled: Proving Compensatory Damages Through Lay Witnesses." The NELA convention is the largest gathering of plaintiffs' employment lawyers nationally. 

Passman & Kaplan Founding Principal To Be Featured Speaker at SFLERP Luncheon June 19, 2012

Passman & Kaplan Founding Principal will be the featured speaker at DC Chapter of the Society of Federal Labor and Employee Relations Specialist luncheon on June 19, 2012, in Washington DC. Mr. Kaplans talk is entitled, "Recent Developments at the Federal Circuit and MSPB - Is the Pendulum Swinging?" For more information, contact Paco Martinez at 


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