Developments at OPM: On October 10, 2018, the Office of Personnel Management (OPM) issued Interpretive Guidance on implementation of Section 5 of Executive Order 13,839. OPM's Interpretive Guidance clarifies some aspects of how Section 5--the provision limiting modification of federal personnel records in settlement--should be applied.
News from the Courts: On August 25, 2018, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a 122-page memorandum opinion in American Federation of Government Employees et al. v. Trump, No. 1:18-cv-1261. The Court struck down significant portions of the three May 25, 2018 executive orders concerning federal employees.
News from the Whitehouse: On May 25, 2018, hours before the start of Memorial Day weekend, President Trump issues three executive orders with potentially far-reaching negative consequences for federal employees.
Developments at OPM: On July 13, 2017, the Office of Personnel Management (OPM) published a Proposed Rule in the Federal Register (82 Fed.Reg. 32,263-32,281). The Proposed Rule implements recent legislation modifying the legal structure for administrative leave for federal employees.
News from Congress: On June 23, 2017, the President signed into law Pub.L. 115-41. The new statute reduces civil service protections for employees of the Department of Veterans Affairs (DVA).
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Developments at OPM: On May 2, 2016, the Office of Personnel Management (OPM) published a Proposed Rule with Request for Comments in the Federal Register, 81 Fed.Reg. 26,173-26,175. This proposed rule is part of the Administration's larger "ban the box" initiative to avoid deterring applicants with criminal records or negative credit history from applying for federal positions.
Developments at the MSPB: On January 21, 2016, the Merit Systems Protection Board (MSPB) issued its decision in Martin v. U.S. Postal Service, 2016 MSPB 6. Reversing the decision below, the MSPB found that Ms. Martin had been suspended without due process, and ordered the Agency to retroactively reinstate her to duty with back pay.
Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2014.