Attorneys for Federal Employees — Nationwide

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Today at a Glance

• DHS Shutdown — Week 3: Tens of thousands of federal workers are still showing up without a paycheck. Here's who's getting paid and who isn't.
• Retirement Backlog at 65,000+: OPM is buried in retirement claims. If you're planning to retire soon, delays could hit your wallet hard.
• More Cuts Confirmed: The White House says workforce reduction is still "Priority Number One." Know your rights before a notice lands in your inbox.

Top Stories:

1. DHS Workers Are Still Showing Up — Without Pay

Source: NPR — March 5, 2026

TL;DR: The Department of Homeland Security shutdown hit its third week on March 5. Most DHS employees are still required to show up and work — even though their paychecks have stopped.

For federal employees, this means:

• If you work at TSA, FEMA, or another unfunded DHS component, you are legally required to keep working, but you will not see a paycheck until Congress funds the agency.
• CBP and ICE officers are getting paid through a separate pot of money from the One Big Beautiful Bill Act — so pay status varies depending on where you work within DHS.
• You are entitled to back pay once Congress restores funding, but there is no law that forces them to do that quickly. You wait until the deal gets done.

Legal Insight:
Your right to back pay comes from the Government Employee Fair Treatment Act of 2019. That law guarantees you will eventually be made whole — but it does not speed up when the money arrives. If you are facing real financial hardship right now, put that in writing to your supervisor and HR office. Many federal credit unions offer hardship loans during shutdowns — call yours today. If you are unsure whether your position was correctly labeled "excepted" (required to work) or "furloughed" (sent home), ask HR for that designation in writing. An incorrect designation can affect your pay rights down the road.

2. OPM's Retirement Backlog Is Now Over 65,000 Claims

Source: FedSmith — March 5, 2026

TL;DR: OPM received over 31,000 new retirement claims in February alone — and the backlog has nearly doubled since October. If you're planning to retire, delays in processing could mean weeks or months of reduced income before your full annuity kicks in.

For federal employees, this means:

• OPM is now sitting on more than 65,000 unprocessed retirement claims. The line is long and getting longer.
• While your claim is being processed, OPM typically pays you an "interim" annuity — but that payment is usually lower than what you'll ultimately receive. You need to budget for that gap.
• The faster processing track right now is the digital route through OPM's Online Retirement Application (ORA). If you qualify, use it.

Legal Insight:
Your retirement benefits under FERS or CSRS are governed by federal law, but the speed at which OPM processes your paperwork is not. Errors in your records — a wrong date on an SF-50, a missing military service deposit, an outdated beneficiary form — are the single biggest cause of processing delays. Check those records now, before you submit. Apply at least 60 to 90 days before your planned retirement date. If you haven't heard anything from OPM within 30 days of applying, follow up with your agency HR office in writing and keep a copy of everything you send and receive.

3. The White House Says More Cuts Are Coming. Be Ready.

Source: Government Executive — March 5, 2026

TL;DR: On March 5, a senior White House budget official told a conference that shrinking the federal workforce remains the administration's top goal — even after more than 300,000 employees have already left government. More reorganizations, layoffs, and reclassifications are planned.

For federal employees, this means:

• The administration has publicly confirmed that workforce reductions will continue through multiple tools: buyout offers, agency reorganizations, reductions in force (RIFs), and reclassification under programs like Schedule Policy/Career.
• Each of these tools works differently and triggers different legal rights and timelines. Knowing which one is being used matters a lot.
• If you receive any written notice — about your position, your status, a reorganization, or an offer to resign — treat it as urgent and do not sign anything without understanding what rights you may be giving up.

Legal Insight:
If a buyout or deferred resignation offer shows up, accepting it is almost always permanent — and it can affect your ability to challenge a later RIF or adverse action. Do not sign under pressure. Keep copies of every notice, email, and letter your agency sends you in a personal location outside your government accounts. If your agency announces a reorganization, ask HR in writing how it affects your specific position and retention rights. Because each type of workforce reduction triggers different deadlines and procedures, this is a situation where talking to your union rep or a federal employment attorney before acting can make a real difference.

Legal Tip of the Day

When You See Harassment Happen 

Even if you’re not the direct target, what you see and hear in the workplace can matter legally. If you witness harassment or discriminatory comments, quietly note the date, time, who was present, and what was said. If the affected coworker chooses to report it, your documentation and willingness to confirm what you saw can be important. Be cautious about discussing it widely with colleagues or in group chats; that can complicate things. If you’re unsure what to do as a bystander or feel supervisors are ignoring complaints, our office can discuss options that protect both you and your colleagues. 

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