Southworth PC | Federal Employee Briefing — Tuesday, 03/03/2025
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
- DHS Shutdown: Are You Getting Paid? — AFGE is pushing Congress to cover all DHS workers. Here's what you need to do right now.
- HUD Telework: Arbitrator Says the Agency Broke the Rules — A union arbitration win shows that workplace changes aren't always final — and how you can protect yourself.
- Huge Deadline: Your Right to Appeal a Layoff May Be Taken Away — OPM wants to move layoff appeals away from an independent board and handle them in-house. You have until March 12 to say something about it.
Top Stories:
1. DHS Shutdown — Whose Getting Paid, and What Should You Do?
Source: Federal News Network — March 2, 2026
TL;DR: The Department of Homeland Security is in a partial shutdown. Most DHS employees are still required to work, but many are not getting paid right now. AFGE is calling on Congress to pass the Shutdown Fairness Act to guarantee pay during any funding lapse.
For federal employees, this means:
- If you work at DHS and are still showing up, you are working without a paycheck — for now. Federal law currently requires back pay once Congress acts, but that doesn't help your rent this week.
- Some DHS employees (mainly at ICE, CBP, and the Secret Service) are being paid through separate funding from last year's "One Big Beautiful Bill" law. Most others — including TSA workers — are not.
- If you're not sure whether you're considered "excepted" (required to work) or "furloughed" (told to stay home), get that answer in writing from your supervisor or HR. Do not guess.
Legal Insight:
The law requires that employees who work during a shutdown get back pay — but only if they follow proper procedures. Keep a careful record of every hour you work. Save any emails, notices, or texts about your work status. If you're being told to show up but getting mixed signals about pay, write down what you were told and when. If you receive a reprimand or any discipline related to shutdown issues, talk to your union rep right away — and consider consulting a federal employment attorney, because these situations can move fast.
2. HUD Had to Reinstate Telework — An Arbitrator Said the Agency Broke the Rules
Source: AFGE — March 2, 2026
TL;DR: A neutral arbitrator ruled that HUD violated its union contract when it cancelled telework for nearly all bargaining-unit employees. The agency had to reverse the change. This is an important reminder that management can't always change your working conditions overnight — especially when a union contract is in place.
For federal employees, this means:
- If your agency suddenly cancelled or restricted your telework, that change may not be final — especially if you're in a bargaining unit and have a collective bargaining agreement (CBA).
- What you do in the next few days matters. Save the email or notice that announced the change. Write down the date it took effect.
- Even if you don't personally telework, this affects you: it shows that major workplace changes can be challenged and reversed when management skips required steps.
Legal Insight:
Under federal labor law, agencies generally have the right to manage the workplace — but how they make changes is often controlled by union contracts and bargaining rules. If your agency announced a sudden telework change, the first question to ask (in writing) is: did management bargain with the union first? If not, a grievance may be an option. Grievance deadlines in union contracts can be very short — sometimes as little as a few days — so don't wait. Contact your union representative immediately and ask what steps have already been taken.
3. Major Deadline — Your Right to Appeal a Layoff Is Under Threat. You Have Until March 12 to Speak Up.
Source: FedWeek — February 10, 2026
TL;DR: The federal government's HR agency — OPM — wants to take over the job of hearing appeals from employees who are laid off. Right now, that job belongs to the Merit Systems Protection Board (MSPB), which is independent. If this rule passes, OPM would be both the one making layoff rules and the one deciding if your layoff appeal has merit. The public comment deadline is March 12, 2026.
For federal employees, this means:
- If you are ever laid off through a reduction in force (RIF), you currently have the right to challenge that decision before an independent board — the MSPB — and eventually in federal court. This rule would eliminate that independent check.
- Think of it this way: imagine your employer fires you, and the only person you can complain to is your employer. That's what this proposal would do.
- The change would apply to future RIF appeals, meaning if mass layoffs come, you may have far fewer options to fight back.
Legal Insight:
The comment period is open right now through March 12, 2026, at regulations.gov. You — or your union — can submit a formal comment opposing this rule. Those comments matter, both to the agency and in any future court challenge. Many legal experts believe this proposal conflicts with the Civil Service Reform Act of 1978, the law Congress passed to create separate, independent oversight of federal personnel decisions. This is one of the most consequential proposed rules in a generation. Contact your union to find out if they are submitting comments. If you've already received a RIF notice, talk to a federal employment attorney right away — deadlines are short and the rules may be changing.
Mindful Moment of the Day
Staying Present While You Brief the Big Wigs
Presenting to SES, senior leadership, or a big interagency group can make even seasoned feds feel like brand‑new interns. Before you speak, feel your feet on the floor, take three slow breaths, and focus your eyes on one friendly face or neutral spot rather than scanning the whole room for danger. As you talk, let your attention rest on the meaning of your words, not on trying to read every expression. They may be higher on the org chart, but your nervous system will thank you for treating this like a conversation, not a verdict.
In Case You Missed It
A few quick hits from our recent videos and posts:
Breaking Isolation in a Toxic Federal Workplace
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Presidential War Powers and Federal Oaths
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DHS Shutdown 2026: TSA Pay & Legal Protections
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Facing Harassment or Discrimination?
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EEO complaints for discrimination, harassment, and hostile work environment
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Reasonable accommodation disputes
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In your free, confidential consultation, we’ll walk through what’s been happening, key dates (including the short EEO deadlines), and the tools available to you—formal and informal.
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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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