Southworth PC | Federal Employee Briefing — Thursday, 01/22/2025
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
- Telework & unions: An arbitrator says an agency memo did not wipe out telework protections in a union contract—contracts and bargaining rules still matter.
- IRS performance metrics: IRS is replacing a long-used customer service metric right before filing season—expect new targets and new scrutiny.
- Proposed 35% pay raise (BOP): A bill would increase pay for certain federal correctional officers—but it’s not law yet.
Top Stories:
1. Arbitrator: RTO Memo Doesn’t Cancel Union Telework Protections at HHS
Source: Federal News Network — January 21, 2026
TL;DR: An arbitrator ordered HHS to pull back a return-to-office directive and restore telework/remote agreements for employees covered by an NTEU contract.
For federal employees, this means:
- If you are in a bargaining unit, your collective bargaining agreement (CBA) may limit how—and when—management can end telework.
- A broad “return-to-office” push may still require bargaining or following contract rules.
- Your union may be able to challenge changes through a grievance/arbitration process.
Legal Insight:
This story involves federal labor law under 5 U.S.C. Chapter 71, which governs bargaining and unfair labor practices. If you’re bargaining-unit, ask management (in writing) what CBA language they are relying on to change telework, and keep copies of your telework agreement, denial emails, and any RTO notices. If a grievance is filed, track what rules apply while it is pending so you don’t lose options. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
2. IRS Drops a Long-Used Customer Service Metric Right Before Filing Season
Source: Federal News Network — January 21, 2026
TL;DR: IRS is ending its “Level of Service” phone metric and moving to new measures like speed-to-answer and abandonment rates.
For federal employees, this means:
- If your work is measured by customer service metrics (especially at IRS), expect new targets and reports.
- Metrics changes can affect staffing assumptions, workload, and how performance is judged.
- You should get clarity early on what changed and how it will be used.
Legal Insight:
When metrics change, performance expectations should be clear and consistent. If you’re told “the metrics changed,” ask for the updated standards, how they will be applied, and whether they impact your critical elements or production goals. If you are bargaining-unit, changes that affect working conditions may trigger bargaining, so involve your union and keep a written record of what you’re told. If new metrics are later used to justify discipline or a low rating, save evidence like ticket logs, QA feedback, staffing shortages, system outages, and training gaps. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
3. Proposed Bill Would Raise Pay by 35% for Certain Federal Correctional Officers
Source: FedSmith — January 21, 2026
TL;DR: New House and Senate bills would raise base pay by 35% for certain federal correctional officers, aimed at staffing shortages and forced overtime.
For federal employees, this means:
- If you work in covered Bureau of Prisons custodial roles, this is a bill to watch—but it is not law yet.
- Your current pay and overtime rules do not change unless Congress passes a law and it’s implemented.
- Staffing shortages and mandatory overtime are still real issues—document what is happening in your facility.
Legal Insight:
Most federal pay changes require enacted legislation, so treat this as “track it,” not “count on it.” If your facility relies on heavy overtime or augmentation, keep records of schedules, posts covered, safety issues, and written directives—those facts matter in bargaining, oversight, and later disputes. If management changes schedules or conditions “because of staffing,” ask for the policy in writing and loop in your union early. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
Mindful Moment of the Day
Mindful Response to Vague Directions
When you get a task that’s vague—“take a first cut at this” or “make this better”—it’s easy to spin in confusion or frustration. Pause, notice the urge to rush or guess, and take three slow breaths to settle your body first. Then write down two or three specific questions you need answered, like deadline, format, or examples, and calmly send them or ask in the next check‑in. Mindfulness here is the gap between “I have no idea” and “Here’s what I need to move forward.”
In Case You Missed It
A few quick hits from our recent videos and posts:
Did Federal Layoffs Really Lead to Higher Pay in 2025?
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Social Security Data Misuse and Federal Accountability
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When a “Detail” Becomes a Legal Problem at Education
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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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