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

• 2026 pay raise is final (1%): Check your first January LES and make sure your step and rates look right.
• Performance ratings could get tougher: A draft proposal would cap top ratings and change the rating scale.
• Speech/outside activity reminder from the Supreme Court: Don’t rely on verbal “it’s fine”; get guidance in writing.

Top Stories:

1. Trump Finalizes 1% Federal Pay Raise for 2026

Source: Federal News Network — December 18, 2025

TL;DR: The White House finalized a 1% pay raise for most GS employees for 2026. There’s no additional locality increase, so the change may feel smaller than recent years, especially given increasing health care costs for many.

For federal employees, this means:

• Expect the new rate to show up in your first full pay period after Jan. 1.
• Check your first January LES (and SF-50 if one is issued) to confirm your grade/step and pay rate are correct.
• If something looks off, treat it like a payroll error: report it fast and keep copies.

Legal Insight:

Federal pay adjustments are set through the annual pay-setting process and can be finalized by presidential executive order. Your practical move is simple: compare your new base pay (and any locality or special rate you rely on) against the published table for your grade/step. Save your December LES and your first January LES so you can clearly show the change. If there’s a mismatch, ask HR/payroll to confirm the fix in writing, and keep following up until it’s corrected.

2. Trump to Limit Top Ratings for All Feds and Consolidate Scoring in Forthcoming Rule

Source: Government Executive — December 17, 2025

TL;DR: A draft proposal would allow agencies to set quotas for top performance ratings (a “forced distribution” approach) and move from a 5-level to a 4-level rating system.

For federal employees, this means:

• It may get harder to earn top ratings, even if your work is strong.
• Start building a “receipt file” now: emails, metrics, work products, and wins tied to your performance plan.
• If your agency changes how ratings work midstream, ask for the reason in writing and keep it.

Legal Insight:
Performance ratings affect real outcomes, including awards and promotions—and sometimes how employees are ranked during reorganizations. Protect yourself the basic way: get your performance plan, ask for clear expectations early, and request midyear feedback when available. If you believe you’re being singled out, retaliated against, or rated based on a quota instead of your work, talk with your union (if you have one) and ask HR what review or grievance paths exist. Because deadlines can be short—especially if a low rating leads to discipline—consider talking with your union and a qualified federal employment attorney.

3. Supreme Court Sides with Immigration Judges in Speech Case for Now, Rebuffing Trump Administration

Source: AP News — December 19, 2025

TL;DR: The Supreme Court declined to quickly block a lower-court ruling in a case involving immigration judges and restrictions on public speech—leaving the lower-court ruling in place “for now.”

For federal employees, this means:

• If your agency restricts outside speaking, training, or public comments, don’t rely on “someone said it’s okay.” Do not assume they are correctly telling you the law.
• If they are restricting your speech, consider getting the rules (and any approval) in writing before you speak, teach, publish, or post.
• If discipline is threatened, document what you were told and when.

Legal Insight:
This story is a reminder about employee speech rights. Employee speech issues often turn on process and the “right forum” for disputes—sometimes a grievance, sometimes EEO, sometimes OSC, sometimes MSPB, depending on the issue. If your agency has a pre-approval policy for speeches, publications, or media contact, follow the steps and keep copies of everything you submit and receive. If your supervisor’s instructions differ from a written policy, ask for clarification in writing. Because filing deadlines can be short, consider talking with your union and a qualified federal employment attorney.

Legal Tip of the Day

Social Media and Talking About Work

What you post on social media can follow you into the office. Avoid posting about ongoing disputes, coworkers, supervisors, or investigations, even in “private” groups; screenshots travel fast. Never use government equipment or time to post about workplace conflicts. If you discuss agency matters publicly, be clear you’re speaking in your personal capacity and not on behalf of the government, and know there may be limits based on your role. Removing a post after the fact may not undo the damage. If you’re worried that a past or current post could put your job at risk, our office can discuss your options confidentially. 

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