Protecting Workers’ Rights

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Posts tagged "court of appeals for the federal circuit"

News from the Federal Circuit: Delay Not Due Process Denial

News from the Federal Circuit: On August 24, 2018, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Villareal v. Bureau of Prisons, No. 2017-2275.  The Court upheld Mr. Villareal's removal, finding no per se due process violation in the long delay in deciding to impose discipline.

News from the Federal Circuit: Part of DVA SES Discipline Law Struck Down

News from the Federal Circuit:  On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit issued its decision in Helman v. Dept. of Veterans Affairs, No. 2015-3086.  The Court struck down part of the statute for expedited removals of Department of Veterans Affairs (DVA) Senior Executive Service (SES) employees as unconstitutional, but left much of the statute in place.

News from the White House: New DVA Whistleblower Office

News from the White House:  On May 2, 2017, the President issued Executive Order 13,793.  The Executive Order creates a new office at the Department of Veterans Affairs focusing on whistleblower reprisal and disciplinary issues.

News from the Federal Circuit: Delay Leaves Settlement Unenforced

News from the Federal Circuit: On December 27, 2016, the U.S. Court of Appeals issued its decision in Gallegos v. Dept. of Health and Human Services, Case No. 2016-2120.  A divided panel refused to enforce a breached clean record settlement agreement provision because of the delay in seeking enforcement.

Developments at the MSPB: (b)(9) Prohibited Personnel Practices

Developments at the MSPB:  According to a recently-issued Government Accountability Office (GAO) report, officials of the Merit Systems Protection Board (MSPB) advised GAO that  "there have been fewer than 10 IRA appeals filed since the start of fiscal year 2013 in which only a section 2302(b)(9) claim is raised."  To help educate federal employees on some of the protections available to them under current law, Passman & Kaplan offers the following summary on what claims (b)(9) covers.

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: MSPB Appeals & Title 42 Employees

News from the Federal Circuit: On May 11, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Lal v. Merit Systems Protection Board, No. 2015-3140, holding that a category of employees at the Department of Health and Human Services (HHS) had the right to appeal adverse actions to the Merit Systems Protection Board (MSPB).

News from the Federal Circuit: WPEA Retroactivity Decision

News from the Federal Circuit:  On March 22, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Hicks v. Merit Systems Protection Board, No. 2016-1091.  While rejecting Ms. Hicks' appeal, the Federal Circuit followed the retroactivity analysis used by the Merit Systems Protection Board (MSPB) in its earlier decisions concerning the Whistleblower Protection Enhancement Act (WPEA), leaving the door open to some WPEA provisions retaining retroactive coverage.

News from the Courts: 5th Circuit Whistleblower Decision

News from the Courts: On August 24, 2015, the U.S. Court of Appeals for the 5th Circuit issued its decision in Aviles v. Merit Systems Protection Board, No. 14-60645.  Although it ultimately found against the employee, the 5th Circuit rejected several points of Federal Circuit whistleblower reprisal caselaw in the process.

Developments at OPM: Final Rule on National Security Positions

Developments at OPM:  On June 5, 2015, the U.S. Office of Personnel Management (OPM) and the Office of the Director of National Intelligence (ODNI) jointly published a Final Rule in the Federal Register (80 Fed.Reg. 32,244-32,265).  The Final Rule implemented updated regulations for agencies to designate positions as "national security positions"--and potentially excluding  affected positions from Merit Systems Protection Board (MSPB) appeal rights.  The Final Rule is effective July 6, 2015.

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