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 shutdown guidance changed on back pay — Don’t assume back pay is automatic; document your status and hours.
• Education OCR RIF fallout cost up to $38M — RIF actions can change midstream; your paperwork and deadlines still matter.
• AFGE lawsuit over FEMA staffing cuts — Big reorganizations can move fast; watch for notices that trigger deadlines.

Top Stories:

1. OPM Removes Language on Back Pay for Furloughed Feds from Shutdown Guidance

Source: Federal News Network — February 2, 2026

TL;DR: OPM updated shutdown guidance and removed language saying furloughed employees are guaranteed back pay. The guidance now says Congress will decide on back pay through legislation.

For federal employees, this means:

• Don’t assume you will automatically receive retroactive pay if you were furloughed.
• Save every notice that labels you “excepted” or “furloughed,” plus any HR emails about your work status.
• Track your work hours and timekeeping codes so you can spot errors quickly after the shutdown ends.

Legal Insight:
Shutdown furlough rules tie back to the Antideficiency Act, and agencies lean heavily on OPM guidance when they make pay and leave decisions. Keep copies of your status notices, your time and attendance records, and your HR communications, and compare them to your first post-shutdown LES. If you are told to work while “excepted,” ask for that instruction in writing and keep a simple log of hours worked. Because deadlines can be short when pay, leave, or discipline problems arise, consider talking with your union and a qualified federal employment attorney.

2. Education Department Spent up to $38M Paying Employees Not to Work Before Reinstating Them, Watchdog Reports

Source: Government Executive — February 2, 2026

TL;DR: GAO reported the Education Department spent $28.5M to $38M paying Office for Civil Rights employees placed on paid leave after RIF notices, then later reinstated some staff and rescinded remaining notices. GAO also said the department did not fully document the costs and savings of the RIF and restructuring.

For federal employees, this means:

• If you receive a RIF notice or are put on paid leave, treat it like a formal personnel action and protect your paperwork.
• Keep your RIF notice, any retention information you receive, union communications, and any court/agency directives.
• Even if litigation delays separations, agencies may still control whether you can work while the case is pending.

Legal Insight:
RIFs usually follow governmentwide rules (including 5 C.F.R. part 351) plus any union contract that applies, and they can trigger MSPB appeal rights or a grievance process. If you receive a RIF notice, ask HR in writing for the retention register and the factors used (tenure, veterans’ preference, length of service, and performance) and save the response. If you are placed on paid leave, keep the leave instructions and monitor your timekeeping codes to avoid pay and benefits problems. Calendar every deadline on your notice and do not assume the agency will remind you. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. AFGE Leads Coalition Lawsuit Challenging FEMA Staffing Cuts

Source: American Federation of Government Employees — February 2, 2026

TL;DR: AFGE says it filed a coalition legal challenge to DHS’s decision to sharply reduce FEMA staffing levels beginning January 1. AFGE argues the cuts violate protections tied to FEMA’s independence and mission.

For federal employees, this means:

• If you are affected by staffing reductions—reassignment, duty changes, possible RIF steps, or furlough proposals—save what you are told and when you are told it.
• Watch closely for written notices, because those can trigger short response or appeal deadlines.
• Reorganizations and litigation can move quickly, and agencies may change timelines in response to court activity.

Legal Insight:
Major staffing cuts can trigger multiple rule sets at once—agency authority, civil service/RIF rules, and union bargaining duties under 5 U.S.C. chapter 71. If you are in a bargaining unit, check your union contract and ask (in writing) whether the agency provided impact-and-implementation bargaining notice and what options exist to challenge changes. If you receive any notice about reassignment, separation, or pay/grade impact, save the full notice (including attachments) and calendar deadlines immediately. Keep a simple timeline (date, who said what, and copies of emails), because that record is often critical later. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

Mindful Moment of the Day

Hybrid Day Switch Hat Ritual

On days you shift between telework and in‑office, your brain can feel like it’s lagging behind your body. Create a small “switch hat” ritual—when you put on your badge or work shoes, pause for three breaths and silently name how you want to show up today, like “steady,” “kind,” or “focused.” When you get home and take off the badge or shoes, do the same thing in reverse and name a word for home, like “present” or “resting.” These tiny moments tell your nervous system that roles are changing, so you’re not half at work all evening. 

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