Attorneys for Federal Employees — Nationwide

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Today at a Glance

• OPM FEVS: OPM plans to relaunch the Federal Employee Viewpoint Survey this fiscal year with more focus on performance culture and manager-level feedback.
• FEMA Staffing: A Trump-appointed FEMA council dropped an earlier idea to cut FEMA’s workforce by about 50% and instead called for a staffing review.
• USDA Researchers: A union survey found 76% of USDA researchers facing relocation say they do not plan to move.

Top Stories:

1.  OPM Brings Back FEVS with a Performance Focus

Source: Federal News Network, May 6, 2026

TL;DR: OPM plans to relaunch the Federal Employee Viewpoint Survey this fiscal year after canceling the 2025 survey. OPM Director Scott Kupor said the new version will focus more on manager-level feedback, performance culture, merit hiring, and accountability. He also said OPM is looking at bonuses, rewards, promotions, removals, and relocations through a stronger performance lens. The survey may become part of a broader push to change how agencies measure and manage employees.

For federal employees, this means:

• Expect survey questions to focus more on performance, manager accountability, and whether employees understand job goals.
• Be careful with open-ended survey answers; do not include facts that could identify you.
• Watch whether your agency uses survey data to support reorganizations, performance changes, or management reviews.

Legal Insight:
Federal workforce surveys connect to the merit system principles in 5 U.S.C. § 2301, including fair treatment, efficient use of the workforce, and protection against arbitrary action. If survey results are used to support discipline, removals, reassignments, or RIF decisions, employees should ask for the actual evidence behind the action. Employees still have rights under 5 U.S.C. § 2302 if an agency uses “performance culture” as cover for discrimination, retaliation, or whistleblower reprisal.

2. FEMA Council Backs Away from 50% Workforce Cut

Source: Federal News Network, May 7, 2026

TL;DR: The FEMA Review Council approved a final report calling for major changes to FEMA. The final report does not recommend cutting FEMA’s workforce in half, even though an earlier draft had suggested a 50% cut over two to three years. The report instead calls for a review of staffing needs and a shift in the headquarters-to-field staffing balance. This comes after FEMA reinstated some workers and offered new contracts to some CORE employees.

For federal employees, this means:

• FEMA employees should not assume a 50% cut is final policy, but staffing reviews may still lead to reassignments, restructuring, or RIF notices.
• CORE employees offered new contracts should read the term, end date, and renewal language before signing.
• Employees who were suspended, non-renewed, or reinstated should keep all notices, emails, and SF-50s.

Legal Insight:
A large staffing action can trigger RIF procedures under 5 C.F.R. Part 351 and appeal rights under 5 U.S.C. § 7701 for covered employees. Retaliation for protected speech or whistleblowing may also violate 5 U.S.C. § 2302(b)(8) and § 2302(b)(9). Employees facing separation, non-renewal, or discipline after protected activity should act quickly because MSPB, OSC, union grievance, and EEO deadlines can be short.

3. Most USDA Researchers Tell Union They Will Not Relocate

Source: Federal News Network, May 7, 2026

TL;DR: USDA is moving many research jobs outside the Washington, D.C. area, including jobs at the Economic Research Service and the National Institute of Food and Agriculture. AFGE Local 3403 said an internal survey found 76% of members facing relocation do not plan to move. The union warned the move could cause a “brain drain” and slow grant processing and research work. USDA made a similar move in 2019, when many affected employees quit or retired instead of relocating.

For federal employees, this means:

• If you receive a relocation or directed reassignment notice, save it and note every response deadline.
• Ask your union whether bargaining, a grievance, or a request for information is available.
• Do not resign before getting advice; resignation can affect MSPB rights, severance, retirement, and unemployment options.

Legal Insight:
Directed reassignments are usually treated as management rights under 5 U.S.C. § 7106, but agencies still must follow labor law, RIF rules, and anti-retaliation law. If relocation is used to force separations, 5 C.F.R. Part 351 may become important. Bargaining rights and unfair labor practice rules under 5 U.S.C. §§ 7114 and 7116 may also apply, especially if working conditions change for bargaining unit employees.

Legal Tip of the Day

When You Receive a Proposed Suspension or Removal 

A proposed action is not the final decision—but it is a critical moment. What is submitted in response can significantly influence the outcome. Read the proposal carefully and note the deadline to respond. Gather documents, identify inconsistencies, and consider how to present your side clearly. Avoid responding emotionally, even if the situation feels personal.