Southworth PC | Federal Employee Briefing — Thursday, 01/15/2025
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
- Spending “minibus” + new workforce reporting: Congress wants more data on headcount changes, remote work, and locality pay impacts—expect agency follow-up.
- Commerce removes a conduct rule from the CFR: For Commerce employees, conduct standards still apply—just sourced elsewhere (governmentwide rules + internal orders).
- NIOSH reinstatement after layoff notices: A reminder that RIF-like actions can change fast—but your paperwork and deadlines still matter.
Top Stories:
1. Congress Demands More Staffing + Remote Work Detail in FY26 “Minibus”
Source: Federal News Network — January 12, 2026
TL;DR: A new two-bill spending package would require agencies to report more details about staffing, deferred resignations, and remote work—including how remote work ties to locality pay.
For federal employees, this means:
- Expect more policy updates and internal data requests about staffing levels, remote work eligibility, and review cycles.
- Remote work agreements may face closer review, including questions about duty station and locality pay.
- If your office is already talking about hiring pauses, reorganizations, relocations, or remote-work rollbacks, this may speed up those conversations.
Legal Insight:
Appropriations bills can move agency behavior quickly because they set funding and can require near-term reporting and compliance. If you think your job could be affected, start building a clean paper trail now: save your remote-work agreement, position description, performance records, and key emails from management. If you receive a notice that touches pay, duty station, telework/remote status, or employment (like RIF or discipline), calendar every deadline immediately and ask HR—in writing—what authority they are using. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
2. Commerce Removes Department-Specific “Conduct” Rules From the CFR
Source: Federal Register (Commerce Department) — January 15, 2026
TL;DR: Commerce eliminated its department-specific employee conduct regulations in 15 CFR part 0, saying they’re outdated and replaced by governmentwide rules and internal Commerce orders.
For federal employees, this means:
- If you work at Commerce, your conduct standards did not disappear—your agency will rely more on governmentwide ethics/conduct rules and internal policy documents.
- If your agency cites “conduct rules” in counseling, investigations, or discipline, you should ask: Which exact rule are you saying I violated?
- For everyone else, it’s mainly a sign of “regulatory cleanup,” not an immediate change to your agency’s day-to-day rules.
Legal Insight:
This change points employees back to governmentwide ethics and conduct standards (like 5 CFR part 2635) and internal agency policies. If management references “policy violations,” ask for the specific written policy (CFR section, agency order, handbook provision) and save a copy. If you’re in a bargaining unit, check whether your union contract adds procedures like notice rules, representation rights, or timelines. Because discipline timelines and appeal deadlines can be short, consider talking with your union and a qualified federal employment attorney.
3. NIOSH Employees Reinstated After Layoff Notices
Source: AFGE — January 14, 2026
TL;DR: AFGE reports that HHS fully reinstated NIOSH employees who received layoff notices, reversing course and revoking the notices after months of pressure.
For federal employees, this means:
- Even when a RIF-like action starts, the outcome can still change—but you must treat every notice as real while it’s happening.
- Your best protection is often your documents and deadlines (not optimism or rumors).
- If you get a notice, preserve everything and be ready to act fast—even if leadership says it may be “worked out.”
Legal Insight:
RIFs and layoff notices are heavily procedure-driven. A key issue is whether the agency followed required steps—like correct competitive area/level, retention standing, and proper notice. If you receive a notice, save it (and all attachments), request the supporting documentation, and calendar every deadline for any appeal or grievance route available to you. If the agency later rescinds the action, keep the rescission letter too—those documents can matter for back pay, benefits, and future disputes. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
Mindful Moment of the Day
Reset Between Heavy Tasks
Federal work can throw you from a tough interview or call straight into data entry or another case with no real break. Before you switch tasks, close your eyes (if you can) and take 10 slow breaths, feeling your chest rise and fall. Name the last task as complete—“That interview is done for now”—and then name the next task—“Now I’m just updating this one file.” This simple bridge keeps emotional residue from the last task from flooding into the next one.
In Case You Missed It
A few quick hits from our recent videos and posts:
Federal Shutdown Watch: Why a Minibus Matters
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When Federal Employee Data Becomes a Weapon
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Can Executive Orders Erase Federal Union Rights?
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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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