Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

August 2014 Archives

Developments at the MSPB: DVA SES Adverse Action Interim Final Rule

Developments at the MSPB:  On August 19, 2014, the Merit Systems Protection Board (MSPB) issued an Interim Final Rule implementing procedures for handling adverse actions against Senior Executive Service (SES) employees at the Department of Veterans Affairs (79 Fed.Reg. 48,941-48, 946, as corrected 79 Fed.Reg. 49,423).  The MSPB had to rush to draft these regulations in order to meet a 14-day deadline specified in Section 707 of Pub.L. 113-146--the statute creating this new adverse action procedure--which was previously analyzed in this blog.   As an interim final rule, the regulations came into immediate effect, but the MSPB will be accepting comments on the regulations through September 18, 2014.

Passman & Kaplan Attorneys to Be Presenters at the NELA Fall Conference, October 17-18, 2014

Passman & Kaplan attorneys will be serving as presenters at the National Employment Lawyers Association (NELA) Fall Seminar, "Representing Federal Employees: Navigating A Complex Landscape" to be held in Washington, DC, on October 17-18, 2014. Passman & Kaplan Founding Principal Edward H. Passman will moderate the panel "A View From The Bench & Bar." Passman & Kaplan Founding Principal Joseph V. Kaplan will moderate the panel "Meet The Heads Of Agencies Responsible For Enforcing Federal Employee Rights." Passman & Kaplan Senior Associate Andrew J. Perlmutter will moderate the panel "Federal Sector 101: EEOC Basics." Passman & Kaplan Senior Associate Adria S. Zeldin will be speaking on the panel "Maximizing Compensatory Damages." Passman & Kaplan Associate Daniel T. Raposa will moderate the panel "Federal Sector 101: MSPB Basics." Finally, Passman & Kaplan Associate Johnathan P. Lloyd will be speaking on the panel "Motions Practice at the EEOC." P&K Founding Principal Joseph V. Kaplan is also Co-Chair of the Conference Planning Committee. 

Developments at the MSPB: MSPB vs. EEOC on Reasonable Accommodation

Developments at the MSPB:  A recent case has placed the Merit Systems Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC) into conflict over reasonable accommodations involving modified work schedules to disabled employees.

Developments at OPM: Final Rule on Phased Retirement

Developments at OPM: The Office of Personnel Management (OPM) published a Final Rule in the August 8, 2014 edition of the Federal Register (79 Fed.Reg. 46,608-46,638). The Final Rule contains OPM's final regulations for implementing the phased retirement created by Section 100121 of Pub.L. 112-141, as previously analyzed in this blog. The effective date for the rule is November 6, 2014. 

News from the Whitehouse: DVA SES Adverse Action Protections Cut

News from the Whitehouse:  On August 7, 2014, President Obama signed the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014, Pub. L. 113-146.  While most of the statute concerned veterans' care issues, Section 707 of the statute has profound effects on the adverse action protections for Senior Executive Service (SES) employees working at the Department of Veterans Affairs (DVA).


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