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.
News from Congress: On October 26, 2017, new whistleblower protection legislation was signed into law as Pub.L. 115-73. The statute makes several important changes to whistleblower reprisal protections for federal employees.
News from Congress: On June 14, 2017, the President signed into law H.R. 657 as new Pub.L. 115-40. the so-called "Follow the Rules Act." The statute was designed to legislatively overrule the decision of the U.S. Court of Appeals for the Federal Circuit in Rainey.
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 the MSPB: On November 22, 2016, the Merit Systems Protection Board (Board) issued its decision in Elder v. Department of the Air Force, 2016 MPSB 41. The Board reversed the removal of Mr. Elder, finding retaliation for Mr. Elder's efforts to enforce his whistleblower complaint settlement agreement.
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.