Southworth PC | Federal Employee Briefing — Thursday, 01/08/2025
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
- OPM telework guidance shifts toward more in-office work — Expect tighter approvals and more paperwork.
- Arbitrator pushes back on “union EO ends our grievance rights” argument — Your filing deadlines still matter.
- OPM retirement backlog tops 50,000 — Retirees should plan for delays and keep strong records.
Top Stories:
1. OPM Telework Guidance Reaffirms More In-Office Expectations
Source: Federal News Network — January 7, 2026
TL;DR: OPM updated governmentwide telework/remote work guidance and says most employees should be working full-time in person, with telework used “sparingly” and reviewed case-by-case. Agencies are also being pushed to verify on-site work and reassess whether telework arrangements still fit the mission.
For federal employees, this means:
- Expect more scrutiny of telework and remote work approvals, and more “show your work” documentation.
- If you need an exception (including a medical/disability-related need), plan to support it in writing and keep copies.
- Double-check your duty station and status (telework vs. official remote) because it can affect locality pay and reporting rules.
Legal Insight:
Telework is tied to the Telework Enhancement Act and OPM guidance, plus your agency’s written policy. If your schedule or location rules change, ask for the updated policy and keep the email or memo that explains what you’re required to do. If you need a reasonable accommodation, make the request in writing and save your medical support and HR responses. If this turns into a dispute, check your union contract (if covered) and calendar any short grievance timelines.
2. Arbitrator Rejects Claim that Union-Related Executive Orders Erase Grievance Rights
Source: Government Executive — January 6, 2026
TL;DR: An arbitrator refused to dismiss a union grievance tied to Scott Air Force Base, rejecting the agency’s argument that union-related executive orders eliminated the arbitrator’s authority. The article notes agencies have been pulling back from grievance/arbitration processes while court challenges continue.
For federal employees, this means:
- If your agency says an executive order wipes out your grievance rights, don’t assume that’s the final word.
- File on time anyway (through your union if you’re in a bargaining unit) to preserve your options—even if management won’t participate.
- Save every notice about changes to bargaining-unit status, official time, or grievance procedures.
Legal Insight:
Federal labor rights and grievance procedures generally come from the Federal Service Labor-Management Relations Statute (5 U.S.C. chapter 71) and negotiated grievance procedures (often connected to 5 U.S.C. § 7121). One executive order referenced in this dispute is EO 14251 (“Exclusions from Federal Labor-Management Relations Programs”), which agencies have cited to limit Chapter 71 rights in certain components. If you get a status-change notice, ask HR/management to confirm your status in writing and work with your union on the right filing path (grievance and/or unfair labor practice). Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
3. OPM Retirement Claims Backlog Rises Above 50,000
Source: FedSmith — January 5, 2026
TL;DR: FedSmith reports OPM’s retirement claims backlog rose above 50,000 at the end of December. The article says digitization is improving processing compared to paper, but the overall backlog is still growing.
For federal employees, this means:
- If you’re retiring soon (or already filed), plan for delays and possible gaps while waiting for final annuity decisions.
- Make your retirement package “complete and clean” before it leaves your agency—missing items can slow everything down.
- If you’ve already separated, track interim payments and keep notes of every contact with OPM.
Legal Insight:
OPM administers retirement under CSRS/FERS rules, and delays often happen because of missing paperwork or incomplete agency submissions. Before you separate, keep a full copy of your application, SF-50s, military deposit paperwork (if any), and your leave/benefits elections, and ask your agency to confirm what was sent to OPM. If you later disagree with a final OPM decision, there may be appeal steps with strict deadlines—so keep your records organized. Because deadlines can be short, consider talking with your union (if applicable) and a qualified federal employment attorney.
Mindful Moment of the Day
Clocking Out in Your Mind
Even after you log off, your brain may keep rehashing that tough call, email, or meeting while you’re trying to relax. Take three minutes to do a “mental download” on paper: write everything that’s still spinning in your head about work. Then draw a box around it and write, “Tomorrow’s list,” signaling to yourself that these thoughts are parked, not ignored. As you set the paper aside, take five slow breaths and gently turn your attention to something in your non‑work life—a hobby, a show, or a person you care about.
In Case You Missed It
A few quick hits from our recent videos and posts:
Federal Shutdown Risk: Why the Odds Just Improved—and How to Prepare
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OPM’s Telework Shift: Why Monitoring Now Matters Legally
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How Congress’s 2026 Minibus Quietly Protects Federal Jobs
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January 6 Narratives and Federal Employee Risk
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Worried About Retaliation or Being Targeted for Speaking Up?
If you’ve reported misconduct, safety concerns, discrimination, or waste/fraud/abuse—and now you’re seeing sudden schedule changes, bad performance reviews, or threats of discipline—you may be in whistleblower or retaliation territory.
We represent federal employees who:
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Reported concerns and then saw adverse actions
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Were sidelined, reassigned, or given impossible workloads after speaking up
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Face investigations, PIPs, or proposed removals that look like payback
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Need help navigating OSC complaints, EEO claims, or MSPB appeals tied to retaliation
A free, confidential consultation can help you sort out what’s normal agency behavior and what may cross the line—and what to do before your options narrow.
👉 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.
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