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Southworth PC | Federal Employee Briefing — Monday, 05/11/2026

May 11, 2026
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Attorneys for Federal Employees — Nationwide

Nearly 200,000 federal workers and supporters follow our updates across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing gives you the three stories that actually matter to your job, plain‑English legal guidance, and one short practice to protect your peace of mind. If it helps you, forward it to a colleague—new readers can subscribe at https://fedlegalhelp.com/newsletter. 

Today at a Glance

  • Federal Workforce Shrinks Again: New Bureau of Labor Statistics data released Friday show federal employment dropped by another 9,000 jobs in April, putting the federal workforce roughly 348,000 jobs — about 11.5 percent — below its October 2024 peak.

  • OPM Skills Survey Hits 550,000 Inboxes: OPM deployed the Federal Workforce Competency Initiative survey to about 550,000 federal employees the week of May 4, giving respondents at least two weeks to complete a questionnaire that will shape future classification,
    hiring, and performance decisions.
  • Sammies See Sharply Lower Agency Participation: Public Service Recognition Week kicked off as the 2026 Samuel J. Heyman Service to America Medals received about 140 nominations from 39 agencies — sharply below 2024's 500-plus — with several agencies submitting none.

Top Stories:

1. Federal Workforce Down 348,000 Since October 2024 — Pace Has Slowed But Reductions Continue

Source: U.S. Bureau of Labor Statistics, May 8, 2026

TL;DR: The Bureau of Labor Statistics released its April Employment Situation Report on Friday. The report shows the federal workforce declined by another 9,000 jobs in April. Federal employment is now down approximately 348,000 jobs, or 11.5 percent, since reaching its peak in October 2024. April's monthly drop was smaller than March's, when federal employment fell by 18,000. The administration's FY2027 budget proposal calls for a further net reduction of about 107,000 employees at non-defense agencies—roughly another 7 percent on top of what has already happened.

For federal employees, this means:

  • If you have remained in federal service through the past 18 months of reductions, your agency's workforce profile almost certainly looks different than it did in 2024 — fewer colleagues, broader portfolios, and shifting reporting lines. That changes the practical baseline for everything from performance expectations to RIF planning.

  • Continued reductions keep RIF and reorganization risk elevated. If you have not pulled copies of your last three performance ratings, your position description, and your service computation date in writing this year, do so this month and store them outside your work systems.

  • The FY2027 proposed reductions are not law. Congress has previously rejected substantial portions of past requested civilian workforce cuts. Watch the FY2027 appropriations process and any RIF notices issued by your agency before treating the proposal as a foregone conclusion.

Legal Insight:

Reductions in Force are governed by 5 U.S.C. § 3502 and the implementing regulations at 5 C.F.R. Part 351, which set retention order based on tenure, veterans' preference, length of service, and performance ratings. OPM's pending proposed rule on RIF retention — whose public comment period closed May 4 — would shift the relative weight of these factors and place performance ratings higher in the retention order. Until that rule is finalized, current retention standing rules continue to apply. Federal employees who receive a written RIF notice generally have 60 days' advance notice and 30 days to file an MSPB appeal under 5 U.S.C. § 7701. Given the current pace of agency restructuring, employees in heavily affected agencies should consult a federal employment attorney before a notice arrives — not after.

2. OPM Sends Skills Survey to 550,000 Federal Employees — Two Weeks to Respond

Source: Government Executive, May 8, 2026

TL;DR: The Office of Personnel Management deployed its Federal Workforce Competency Initiative survey to approximately 550,000 federal employees the week of May 4. The survey runs for at least two weeks and asks employees about the job components they perform, the experience they bring, and which tasks they consider critical to their role. A parallel supervisor survey asks managers to assess similar factors and rate the proficiency required at different grade levels. OPM reported approximately 21,000 responses in the first few days. The data is intended to support OPM's broader shift from degree- and experience-based qualifications toward skills-based hiring, and will feed job design, recruitment, performance management, and training decisions. OPM has previously fielded versions of the survey in 2021 and 2024.

For federal employees, this means:

  • If a survey invitation reached your inbox the week of May 4, you have at least two weeks to respond. OPM has described participation as voluntary. If your agency or supervisor treats it as mandatory or threatens consequences for non-response, ask for that requirement in writing.

  • Open-ended responses become agency data. Avoid identifying yourself by specific case, project, or coworker name. Avoid framing answers in ways that could later be cited as a self-evaluation against your performance plan or as evidence of a duties mismatch with your official position description.

  • Supervisors completing the parallel survey should document the basis for their proficiency assessments. Those entries may later be referenced in classification appeals, performance management decisions, or RIF retention analyses.

Legal Insight:
Federal hiring and classification are governed by the merit system principles at 5 U.S.C. § 2301, which require selection and advancement based on relative ability and protect employees against arbitrary action. Prohibited personnel practices under 5 U.S.C. § 2302 bar discrimination based on political affiliation, retaliation for protected activity, and similar conduct, regardless of how survey data is later applied. Classification appeals — if a position description later changes in ways inconsistent with actual duties — are available under 5 C.F.R. § 511.603. The Federal Workforce Competency Initiative has been in OPM's portfolio since at least 2021 and is not new; the current iteration expands an established program.

3. Sammies Nominations Plunge as Public Service Recognition Week Opens

Source: Federal News Network, May 7, 2026

TL;DR: Public Service Recognition Week opened this week with the Samuel J. Heyman Service to America Medals — the Sammies — convening at a markedly smaller scale than in prior years. The Partnership for Public Service selected the 2026 honorees from approximately 140 nominations across 39 agencies and subcomponents, compared with more than 500 nominations and 25 finalists in 2024. Agencies that historically submitted dozens of nominations submitted none this year. The Partnership's CEO described identifying stories of public service this year as "much more difficult than in the past." For the first time, the nomination pool included former federal employees alongside current ones. OPM data cited by Federal News Network show approximately 403,000 civil servants have left the federal government since the start of the current workforce reductions.

For federal employees, this means:

  • Public recognition has historically been a positive line item in personnel files. With multiple agencies stepping back from nominations this year, employees who do appear in public-facing recognition this week should think through how that visibility interacts with their current agency posture before participating, and consult with their union or counsel if they have specific concerns.

  • Whistleblower protection statutes do not depend on whether an employee speaks publicly or internally. Both forms of protected activity carry the same legal protection against retaliation. If you have raised a protected concern and the recognition, opportunities, or assignments you would normally have received are now being withheld, document the change in writing — date, decision-maker, and stated reason.

  • If you observe a pattern of denied nominations, awards, or favorable assignments connected to protected activity — EEO complaints, OSC disclosures, union activity, prior whistleblowing — that pattern itself can be evidence in a retaliation case.

Legal Insight:
Federal employees are protected from retaliation for whistleblowing under 5 U.S.C. § 2302(b)(8), and from retaliation for EEO activity under 5 U.S.C. § 2302(b)(9) and 29 C.F.R. § 1614.101(b). Retaliation can take many forms — including the withholding of recognition, awards, or favorable assignments that would otherwise have been earned. The Office of Special Counsel has jurisdiction over prohibited personnel practice complaints under 5 U.S.C. § 1214, with strict procedural timelines. Federal employees who suspect their protected activity has affected how their agency recognizes or rewards their work should document the timeline carefully and consult a federal employment attorney before any applicable deadlines run.

Legal Tip of the Day

If You Suspect Retaliation 

Retaliation can occur after reporting misconduct, filing complaints, or asserting rights. It often appears as subtle changes—assignments, evaluations, or treatment. Track changes closely and connect them to timelines. Documentation is key to showing patterns. Even small actions can become important when viewed together.

In Case You Missed It

A few quick hits from our recent videos and posts:

NIH Word-Scanning and Federal Employee Rights

5.8 Federal Scientists Required to Run Grant Application Through a Grant Analysis Tool

FEMA Restructuring and Federal Employee Rights

5.8 Breach Protections Expiring; But OPM Wants to Collect Medical Records

OPM Health Data and Federal Employee Privacy

5.8 Trump Appointees: Close the Chapter on FEMA

Need Help with Discipline or Performance?

If you’ve just been put on a PIP, received a proposed suspension or removal, or are worried your “coaching” has turned into a paper trail, it’s time to get real advice—not just hallway rumors.

At Southworth PC, we represent federal employees nationwide in:

  • Proposed discipline and removals

  • Performance issues and PIPs

  • EEO discrimination, harassment, and retaliation

  • Whistleblower and civil rights matters

  • MSPB, EEOC, and OSC cases

  • OPM/FERS disability retirement applications (flat‑fee full‑service assistance)

In a free, confidential consultation, you speak directly with an attorney about your timeline, key documents, and options. Deadlines can be quick in the federal sector, so if you have a deadline, don’t wait.

👉 Schedule Your Free Consultation Today

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Disclaimer:

This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.

Your service is worth protecting. Let's protect it together at Southworth PC.

 

 

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Stay informed, stay prepared. The Federal Employee Briefing delivers the latest on workforce policies, legal battles, RTO mandates, and union updates—helping federal employees navigate rapid changes. With job security, telework, and agency shifts in flux, we provide clear, concise insights so you can protect your career and rights. Get expert analysis on what’s happening, why it matters, and what you can do next—delivered straight to your inbox.
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