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Southworth PC | Federal Employee Briefing — Tuesday, 03/17/2025

Mar 17, 2026
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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 Workers Miss Full Paychecks — One month in, TSA and other DHS employees are working without pay and running out of options.
  • RIF Rules May Be Changing — A proposed rule could make your performance rating — not your years of service — decide whether you keep your job in a layoff.
  • EPA Watchdog Raises the Alarm — The agency's inspector general says staffing cuts left workers managing more than they can legally handle.

Top Stories:

1. DHS Workers Hit One Month Without Full Pay

Source: Federal News Network — March 13, 2026

TL;DR: The DHS-only government shutdown hit the one-month mark on March 14. About 90 percent of DHS's 260,000-plus employees are still required to show up and work — but are not getting paid.

For federal employees, this means:

  • You are legally entitled to back pay once the shutdown ends, thanks to a 2019 law called the Government Employee Fair Treatment Act.
  • That law does not cover the extra costs you're stuck with — like overdraft fees, late rent penalties, or credit card interest. Those losses are yours to absorb.
  • TSA employees are reporting serious financial hardship, and airport wait times are already growing as some workers can't afford to come in.

Legal Insight:
Federal law says excepted employees — those required to keep working during a shutdown — will be paid back once funding is restored. But "back pay" means your regular wages only. It does not mean you'll be made whole for every bill that went unpaid. Right now, the most important things you can do are: keep a record of every day you worked, confirm your status in writing with HR, and ask your union about emergency financial assistance or shutdown loans through your federal credit union. Because pay claims can have deadlines and complications, consider talking with your union and a qualified federal employment attorney.

2. Proposed Rule Would Rank Workers by Performance — Not Seniority — During Layoffs

Source: Government Executive — March 13, 2026

TL;DR: The Office of Special Counsel endorsed a proposed rule from OPM that would change how the government decides who gets laid off. Under the proposal, your performance rating would matter more than how long you've worked — and your ability to appeal a layoff would be significantly limited.

For federal employees, this means:

  • Under current rules, seniority and veterans' preference are major factors in deciding who keeps their job during a layoff. This proposal would change that, putting your most recent performance rating at the center of that decision.
  • The proposal would also take away your right to appeal a layoff to the Merit Systems Protection Board — an independent body — and send those appeals to OPM instead, which is not independent.
  • The public comment period is still open. That is the formal way to push back before this becomes final.

Legal Insight:
The current rules governing layoffs are found at 5 C.F.R. Part 351. They have protected federal workers for decades by using objective factors like length of service and veterans' preference. This proposal would replace much of that with performance ratings — which are controlled by supervisors and have historically been inconsistent across agencies. Pull your most recent performance appraisal now. Make sure it accurately reflects your work. If there are errors or unfair ratings, now is the time to address them. Also confirm your service computation date and veterans' preference status with HR in writing. Because RIF notices can come quickly and appeal windows are short, consider talking with your union and a qualified federal employment attorney.

3. EPA Watchdog Says Staffing Cuts Left Workers With Too Much to Handle

Source: Government Executive — March 14, 2026

TL;DR: The EPA's inspector general released a report saying the agency cut so many employees that the workers who are left can't keep up with their legal obligations. EPA leadership said they'll just cut the workload — but the watchdog said that's not good enough.

For federal employees, this means:

  • EPA grants staff are each managing more grants than the agency's own rules say is safe or reasonable.
  • The agency is still legally required to oversee billions of dollars in grants from the 2021 infrastructure law — that work doesn't disappear just because staff was cut.
  • This official report creates a record that Congress, courts, and oversight agencies can use in future decisions about EPA staffing, reorganizations, or further cuts.

Legal Insight:
An inspector general report isn't a law, but it is an official government document that carries real weight. If you work at EPA — or any federal agency — and you're being asked to handle more work than policy allows, write it down. If your supervisor tells you to manage more cases or grants than agency guidelines permit, document that instruction and keep a copy somewhere safe. If you believe the situation puts you, your coworkers, or the public at risk, you may have the right to speak up under the Whistleblower Protection Act — a federal law that protects employees who report waste, mismanagement, or legal violations. Because whistleblower protections have specific deadlines and procedural rules, consider talking with your union and a qualified federal employment attorney.

Mindful Moment of the Day

When You Feel Invisible at Work

Sometimes federal work means doing a ton behind the scenes and watching others get the credit. When that sting shows up, pause and place a hand over your heart or on your desk, and take five slow breaths like you’re gently tapping the brakes. Write down one way your work helped someone today—a veteran, a taxpayer, a coworker, or even your future self. You can still advocate for recognition, but this practice keeps your worth tied to your values and effort, not only to applause. 

In Case You Missed It

A few quick hits from our recent videos and posts:

Managing Federal Job Anxiety Before It Spirals

3.16 Tomorrow Planning Happens Tomorrow

Facing Harassment or Discrimination?

If you’re dealing with slurs, exclusion, hostile emails, or sudden negative treatment after speaking up, you don’t have to wait until things get unbearable to explore your options.

We regularly represent federal employees in:

  • EEO complaints for discrimination, harassment, and hostile work environment

  • Retaliation for prior EEO activity or protected conduct

  • Reasonable accommodation disputes

  • Related discipline or performance issues that follow on the heels of complaints

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.

👉 Schedule Your Free Consultation Today

Southworth PC Client Testimonial - Felicity

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.

Your service is worth protecting. Let's protect it together at Southworth PC.

 

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The Federal Employee Briefing: Your Trusted Guide in Uncertain Times

Stay informed, stay prepared. The Federal Employee Briefing delivers the latest on workforce policies, legal battles, RTO mandates, and union updates—helping federal employees navigate rapid changes. With job security, telework, and agency shifts in flux, we provide clear, concise insights so you can protect your career and rights. Get expert analysis on what’s happening, why it matters, and what you can do next—delivered straight to your inbox.
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