Attorneys for Federal Employees — Nationwide

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Today at a Glance

• OPM performance rule changes: A draft proposal could reshape ratings and reduce challenge options—documentation will matter more.
• Shutdown risk (especially DHS): A short-term funding patch is in play, but agencies may issue last-minute duty status guidance.
• 2026 retiree and benefits updates: COLAs, premiums, and earnings limits changed—double-check your January statements and rules.

Top Stories:

1. OPM May Overhaul How You’re Rated at Work

Source: Government Executive — January 29, 2026

TL;DR: OPM is preparing a proposed rule that could change performance ratings, including “stack ranking,” fewer rating levels, and easier paths to “unacceptable” ratings.

For federal employees, this means:

• Ratings could become more rigid, and challenges (including some union grievance options) may be narrowed.
• Your performance plan and daily documentation may matter more than ever if your supervisor starts tightening expectations.
• If you get a low rating or a PIP, response timelines may move quickly—do not wait to get organized.

Legal Insight:
Most federal performance systems come from 5 U.S.C. chapter 43 and OPM’s rules in 5 C.F.R. part 430, which currently limit forced distribution ratings. If OPM issues a proposed rule, there is usually a public comment period, and agencies may later revise local policies tied to awards, promotions, or performance-based actions. Practical steps: save your performance plan, keep examples of completed work, and ask for unclear expectations in writing. If you receive a PIP, low rating, or discipline tied to performance, preserve the notice and calendar all deadlines. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. DHS Funding Patch Discussed, But Weekend Shutdown Still Possible

Source: Federal News Network — January 29, 2026

TL;DR: Senate leaders discussed a short-term continuing resolution for DHS and a broader funding plan, but the article warns a partial shutdown could still happen over the weekend depending on House action.

For federal employees, this means:

• You may get last-minute instructions about reporting, leave, and timekeeping—especially at DHS or any agency affected by a funding lapse.
• If you are unsure whether you are “excepted,” try to confirm your status in writing.
• Keep a tight paper trail: furlough notices, recall notices, and your time and attendance records.

Legal Insight:
Shutdown operations are shaped by appropriations law (including the Antideficiency Act) and your agency’s shutdown plan and HR guidance. Follow official agency communications and avoid relying on rumors. If you are told to report, do so unless you receive clear written instructions saying otherwise—mixed messages can become a time-and-attendance issue. If your pay, leave, or duty status changes, raise it promptly with HR and (if covered) your union, and keep copies of everything. Because shutdown-related timelines can move fast, consider talking with your union and a qualified federal employment attorney if you receive a furlough notice, discipline, or an adverse time-and-attendance action.

3. Retirees and Near-Retirees: 2026 COLAs, Premiums, and Earnings Limits

Source: Government Executive — January 29, 2026

TL;DR: Several “start of year” changes are now in effect, including COLAs, premium changes, and updated earnings limits that can reduce benefits for some retirees who keep working.

For federal employees, this means:

• If you are retiring soon or recently retired, double-check how 2026 COLAs and premiums affect your take-home income.
• If you are working after retirement, earnings limits may reduce certain benefits—track earnings and keep records.
• Watch for TSP communications if you separated and may be subject to required minimum distribution (RMD) rules.

Legal Insight:
COLAs and retirement administration are governed mainly through OPM retirement rules and Social Security law, and earnings tests can create overpayments if reported income is wrong. Practical steps: keep your LES and benefits statements, confirm FEHB/Medicare premiums in writing, and respond quickly to any OPM/SSA requests for information. If you separated recently, keep separation paperwork and leave records because they often matter for payouts and later corrections. Medicare has real calendar deadlines, so don’t wait if you are approaching enrollment decisions. Because pay/benefits disputes and overpayment appeals can have short deadlines, consider talking with your union and a qualified federal employment attorney if you receive an adverse determination or a debt letter.

Legal Tip of the Day

Start a Quiet Work Journal

One of the best protections you have is your own written record. Start a simple private log today (at home or in a personal app): date, time, who was involved, what was said or done, and any documents or emails related to the event. Include both positive and negative events—strong performance notes can help you later, too. Don’t store this on government systems. Over time, this log becomes invaluable if a dispute, investigation, or EEO matter arises. If your log is starting to show a pattern that concerns you, our firm can help you understand what it might mean. 

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