News from the White House: On December 23, 2016, President Obama signed S. 2943, the National Defense Authorization Act for Fiscal Year 2017 (NDAA). This law contained several important changes in the law relevant to federal employees, specifically in three areas: administrative leave, negative paper trails, and buyouts for DoD employees.
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.
News from the Whitehouse: On March 18, 2016, President Obama signed into law Public Law 114-137. This new statute made some changes to federal civil service hiring procedures, although their potential effectiveness has been called into question.
News from the Whitehouse: On November 25, 2015, President Obama signed Pub.L. 114-92, the National Defense Authorization Act for Fiscal Year 2016. This Department of Defense (DoD) appropriation statute contained two provisions which negatively impact the civil service rights of affected DoD employees.
Developments at the MSPB: On May 29, 2015, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2014. The report discussed the current status of the MSPB's caseload of furlough appeals, as well as its overall case processing in FY 2014.
Developments at the MSPB: On May 11, 2015, the Merit Systems Protection Board (MSPB) issued a new report, What is Due Process in Federal Civil Service Employment? This report appeared to target certain alleged mischaracterizations regarding civil service due process rights of federal employees which, according to recent press accounts, have been driving proposals in Congress to truncate those due process protections.
Developments at the GAO: On January 23, 2015, the Government Accountability Office (GAO) issued a new report, "Whistleblower Protection: Additional Actions Needed to Improve DOJ's Handling of FBI Retaliation Complaints", Report GAO-15-112. In the report, GAO analyzed whistleblower reprisal cases from the Federal Bureau of Investigation (FBI) over a four-year period.
News from the Whitehouse: On January 15, 2015, President Obama issued a new Presidential Memorandum, "Modernizing Federal Leave Policies for Childbirth, Adoption and Foster Care to Recruit and Retain Talent and Improve Productivity." The new Presidential Memorandum directs agencies to modify present leave regulations and policies in several respects to expand leave entitlements for pregnant women and for parents adopting children in the federal workforce.
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.
News from the Whitehouse: On September 26, 2014, President Obama signed Pub.L. 113-170, the "All Circuit Review Extension Act". The new law extends a current pilot program for judicial review of the MSPB decisions in whistleblower reprisal cases by three years.