Attorneys for Federal Employees — Nationwide

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Today at a Glance

• FLRA rule goes live today: The interim rule transferring union election authority from career regional directors to political appointees takes effect — the eight-union lawsuit to block it is still pending.
• Wildland firefighters: OPM proposed a 25% hazard pay boost for prescribed burn work, closing a longstanding pay gap with wildfire suppression duties.
• One year later: NBC News reports 13 former federal employees laid off during DOGE are still unemployed or earning a fraction of their old salaries — undercutting administration claims they moved to "better" jobs.

Top Stories:

1. FLRA's Union Election Rule Takes Effect Today — Lawsuit Still Pending

Source: Government Executive — April 17, 2026

TL;DR: Today, April 23, the FLRA's interim final rule takes effect, transferring authority over union elections, bargaining-unit determinations, and decertification petitions from career regional directors to the three-member board of political appointees. Eight unions representing more than a million federal employees sued to block the rule last week, arguing FLRA bypassed notice-and-comment rulemaking and that its own dissenting member called the changes the biggest overhaul in 43 years. No court has yet issued a TRO or preliminary injunction.

For federal employees, this means:

• As of today, any pending or new union election petition, bargaining-unit question, or decertification action will be processed under the new framework.
• The two-tier review system (regional director decision with board appeal) is gone — replaced by a single-level process run by appointees.
• Watch for emergency court filings this week; if a TRO is issued, the old process would be temporarily restored.

Legal Insight:
The APA requires that substantive rules go through notice-and-comment under 5 U.S.C. § 553, unless the agency can show "good cause" to skip it. Courts routinely reject the "procedural" label when a rule has real-world economic or operational consequences — and centralizing all election authority in a three-member political board plainly does. The strongest argument for the unions is that FLRA offered, in its own words, only a "threadbare" justification for upending four decades of precedent.

2. OPM Proposes 25% Hazard Pay Boost for Wildland Firefighters on Prescribed Burns

Source: Government Executive — April 21, 2026

TL;DR: OPM published proposed regulations authorizing a 25% hazardous duty pay differential for federal wildland firefighters working on prescribed burns — closing a pay gap with wildfire suppression, where hazard pay already applies. OPM said the current disparity has been a "persistent barrier" to recruiting and retaining employees who carry out prescribed fire operations. About 12,500 wildland firefighters at the Forest Service and Interior Department would be eligible. Comments are open through mid-June.

For federal employees, this means:

• GS firefighters would receive a 25% hazardous duty pay bump for prescribed burn hours; Federal Wage System employees get an equivalent environmental differential.
• This applies to fireline work during ignition, holding, snag felling, mop-up, and patrol on prescribed burns — the same activities already covered on wildfires.
• The rule is proposed, not final — submit comments before the mid-June deadline if you want your experience on the record.

Legal Insight:
Hazardous duty pay is authorized under 5 U.S.C. § 5545(d) for GS employees and 5 U.S.C. § 5343(c)(4) for FWS employees. OPM has broad discretion to designate which duties qualify. Separately, Rep. Celeste Maloy (R-Utah) has introduced the Wildland Firefighter Hazard Pay Correction Act (H.R. 5091) to codify the change into statute — a belt-and-suspenders approach in case a future administration reverses the regulation.

3. A Year After DOGE: Former Federal Employees Still Looking for Work

Source: NBC News — April 22, 2026

TL;DR: NBC News spoke with 13 former federal employees and contractors laid off during the DOGE cuts or who took the "Fork in the Road" buyout. Seven are unemployed, two are re-employed but making far less than before, two have side hustles, and four have moved to find work. One former USAID contractor with a decades-long career has applied to more than 599 jobs and is now doing carpentry work at 15% of his prior salary. The March BLS jobs report confirmed federal employment is down 355,000 (11.8%) since October 2024.

For federal employees, this means:

• The job market for former feds remains difficult — specialized government experience does not translate easily to private-sector roles, despite administration claims to the contrary.
• Maryland unemployment has been climbing steadily since the cuts began, reflecting the geographic concentration of the federal workforce.
• Current employees considering separation incentives should weigh the labor market data carefully before assuming they can match federal salary and benefits elsewhere.

Legal Insight:
Federal employees who were separated through RIFs retain reinstatement eligibility under 5 C.F.R. § 330.203 for three years from their separation date, giving them priority consideration for competitive service positions. Employees who accepted the DRP and signed separation agreements may have waived certain reemployment rights depending on the terms — review the specific DRP agreement language before assuming reinstatement eligibility applies.

Mindful Moment of the Day

Two‑Minute Cubicle Reset

Cluttered cubicles and desks can make your brain feel as scattered as your file piles. Set a timer for two minutes and mindfully clear just one small area—maybe around your keyboard or one corner of your desk—putting away forms, highlighters, and sticky notes while staying aware of your breath. Each item you move is like a tiny exhale, a bit of order returning. You’ll sit back down with more mental space, even if the rest of the office still looks like a paper factory. 

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