Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Posts tagged "USERRA"

Developments at the OSC: FY2017 Annual Report Analyzed

Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2017.

News from the Federal Circuit: FBI Whistleblower Appeal Rights Rejected

News from the Federal Circuit: On October 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. In a split decision, the Court rejected an FBI employee's ability to raise a whistleblower reprisal affirmative defense in his MSPB appeal.

Developments at the MSPB: Annual Report for FY 2016

Developments at the MSPB: On January 18, 2017, the Merit Systems Protection Board (MSPB) issued its Annual Report for FY 2016. This Annual Report, which was signed by former MSPB Chair Grundmann a mere day before her departure from the MSPB to the Office of Compliance and the loss of quorum at the MSPB, provided detailed statistics concerning its caseload in FY 2016.

News from the Federal Circuit: Joint Employer USERRA Claims

News from the Federal Circuit: On August 25, 2016, the Court of Appeals for the Federal Circuit issued its decision in Estes v. Merit Systems Protection Board, No. 2016-1081.  Although the court rejected Mr. Estes' appeal, it adopted the MSPB's precedent in holding that federal contractors could raise "joint employer" claims under USERRA against the federal government.

News from the Federal Circuit: FBI Whistleblower Case

News from the Federal Circuit: On August 8, 2016, the U.S. Court of Appeals for the Federal Circuit granted the Department of Justice's motion for en banc rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. The court vacated the panel's decision below, and now the entire Federal Circuit will decide on the scope of whistleblower reprisal protections for FBI employees.

Developments at the MSPB: Annual Report for FY 2015

Developments at the MSPB:  On February 29, 2016, the Merit Systems Protection Board (MSPB) issued its Annual Report for FY 2015.  This Annual Report, issued a mere 20 days after the MSPB's Annual Performance Report (analyzed in this blog), provided more detailed statistics concerning its caseload in FY 2015. 

Developments at the OSC: FY2014 Annual Report Analyzed

Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2014.

Developments at the MSPB: Final Rule on Jurisdiction

Developments at the MSPB: On January 28, 2015, the Merit Systems Protection Board (MSPB) published a final rule in the Federal Register (80 Fed.Reg. 4,489-4,497). This final rulemaking affects the MSPB's jurisdictional standards in the major categories of appeals within the MSPB's jurisdiction.  The final rule is effective March 30, 2015, and will be applicable to any appeal filed on or after that date.

Developments at the MSPB: Final Rule on DVA SES Adverse Actions

Developments at the MSPB:  On October 22, 2014, the Merit Systems Protection Board (MSPB) issued a Final Rule implementing procedures for handling adverse actions against Senior Executive Service (SES) employees at the Department of Veterans Affairs (DVA) (79 Fed.Reg. 63,031-63,032).  The Final Rule finalized the August 19, 2014, Interim Final Rule (79 Fed.Reg. 48,941-48, 946, as corrected 79 Fed.Reg. 49,423); this Interim Final Rule was previously analyzed in this blog.  The MSPB rushed 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 also previously analyzed in this blog.

Developments at the MSPB: Proposed Rule on Jurisdiction

Developments at the MSPB:  On April 3, 2014, the Merit Systems Protection Board (MSPB) published a notice of proposed rulemaking in the Federal Register (79 Fed.Reg. 18,658-18,661).  This proposed rulemaking affects the MSPB's jurisdictional standards in the major categories of appeals within the MSPB's jurisdiction.  Comments on the proposed rulemaking are due by May 5, 2014. 

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