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. 

🎧 Listen: Civil Rights for Civil Servants

Shaun Southworth & Lydia Taylor on what's happening to the federal workforce. Latest episode: Apple · Spotify · Amazon Music · Youtube

Today at a Glance

• Law Enforcement Pay: OPM told agencies on Friday that it will raise the federal law enforcement special rate tables 3.8 percent in January and extend that coverage to police officers, criminal investigators, and other officer positions that missed last year's increase — about a 6.7 percent raise for the newly covered group — while most other civilian employees remain on track for a freeze.

• GSA Daily Reports: GSA's Technology Transformation Services now requires employees to email a daily account of what they did, what comes next, and what is blocking them by 6 p.m., and the directive warns that "failure to comply may result in adverse action."

• FLRA on Agency-Head Review: The Federal Labor Relations Authority ruled that a USDA Rural Development union contract became binding because the agency's disapproval was sent by an email the union never agreed to accept. The 30-day agency-head review clock runs on strict service rules.

Top Stories:

1. OPM Will Raise Law Enforcement Special Rates 3.8 Percent in January — Newly Covered Police, Security, and Criminal Investigator Positions Get About 6.7 Percent — While General Schedule Pay Stays at 2026 Levels

Source: Federal News Network, November 9, 2026

TL;DR: On Friday, November 6, OPM sent agencies a memorandum (CPM 2026-13) explaining how it will carry out the President's August 26 alternative pay plan. Under that plan, General Schedule base rates and locality percentages stay at 2026 levels in 2027, but the President directed OPM to use special pay authorities to give covered law enforcement personnel a 3.8 percent increase. OPM says it will raise the 140 existing law enforcement special rate tables (L001 through L140), which covered about 140,000 employees in 2026, by 3.8 percent effective the first full pay period of the year, January 10, 2027. It will also extend special rate coverage to new categories: General Schedule employees in approved law enforcement officer positions under 5 U.S.C. § 5541(3) (excluding positions covered only through frequent direct contact with detainees), 0083 police officers (except VA police, who are paid under title 38 special rates and will be handled separately), 0080 security administration employees who perform both physical security and law enforcement duties and have arrest authority, and 1811 criminal investigators, including those in inspector general offices. Because the newly covered groups did not receive the 2.77 percent special rate increase that the covered tables got in January 2026, OPM will give them a catch-up — about 6.7 percent over current pay. Coverage is automatic unless an agency head or designee sends OPM a letter opting out by November 25, 2026. OPM is also considering special rates for Customs and Border Protection agricultural inspectors and certain firefighters.

For federal employees, this means:

• If you are in one of the listed series or positions, check your pay table in January. Newly covered employees should see roughly 6.7 percent more; employees already on an L-table should see 3.8 percent. The coverage changes are prospective only — there is no back pay for 2026.
• Special rates are capped at Level IV of the Executive Schedule, $197,200 in 2027, and the lowest step of a special rate range cannot exceed the grade's regular maximum base rate by more than 30 percent. Employees near those limits may see a smaller increase, or none.
• Your agency can opt your category out. If your agency sends OPM an exclusion letter by November 25, you would not receive the new coverage. Ask your human resources office whether your agency intends to opt out, and if you have a union, ask it to find out.

Legal Insight

OPM's authority comes from 5 U.S.C. § 5305(a)(1), which lets OPM set higher minimum rates for occupations or locations where recruitment or retention is "significantly handicapped," subject to the caps above, and § 5305(a)(2) lets an agency head exclude a category of employees from a special rate authorization by written notice to OPM. A special rate replaces locality pay rather than adding to it: under 5 C.F.R. § 531.608, an employee receives the greater of the locality rate or the special rate. The governmentwide freeze is not final until the President signs the pay executive order, usually in December (5 U.S.C. § 5303(b)), and Congress can still legislate a different result, as it did in February 2019 when it enacted a 1.9 percent raise retroactive to January.

2. GSA Orders Daily Work Reports From Its Technology Staff, Due by 6 p.m., With a Warning That "Failure to Comply May Result in Adverse Action" — Here Is What an Adverse Action Actually Requires

Source: Government Executive, November 9, 2026

TL;DR: The General Services Administration's Technology Transformation Services (TTS) now requires its employees to email a daily update to a central inbox by 6 p.m. local time, according to two internal emails obtained by Nextgov/FCW. Each update must list what the employee worked on that day, what comes next, and any "blockers." The requirement took effect Monday, November 9. A second email, signed by Sam Corcos, a senior GSA official who previously worked for the Department of Government Efficiency, states that "failure to comply may result in adverse action." GSA says the goal is "a clearer picture of progress across the organization." The directive echoes the 2025 governmentwide emails asking employees to list five things they accomplished each week. A GSA spokesperson did not respond to Nextgov/FCW's request for comment.

For federal employees, this means:

• Comply, and keep your own record of what you sent and when. Under long-standing Merit Systems Protection Board (MSPB) case law, an employee generally must follow a supervisor's instruction and challenge it afterward — the "obey now, grieve later" rule — unless compliance would be unlawful or unsafe. Refusing to send the report is the one path that makes discipline easy to sustain.
• Write for the record. Daily reports can surface later in a performance or conduct case, so keep them factual and specific, and make sure they line up with your position description and performance plan.
• Know what "adverse action" means. A warning email is not one. Before any suspension, demotion, or removal, the agency owes you written notice of the specific reasons, time to reply, and the right to a representative. If you receive a proposal, get advice before you answer.

Legal Insight

"Adverse action" is a defined term. Under 5 U.S.C. § 7512, it covers a removal, a suspension of more than 14 days, a reduction in grade or pay, and a furlough of 30 days or less, and § 7513(b) requires at least 30 days' advance written notice stating the specific reasons, a reasonable time of not less than seven days to answer, the right to a representative, and a written decision, with an appeal to the MSPB under § 7513(d). A suspension of 14 days or less is governed by 5 U.S.C. § 7503, which requires advance written notice, a reasonable time to answer, representation, and a written decision, but carries no MSPB appeal. If your unit still has a union, a new reporting requirement can trigger bargaining over procedures and appropriate arrangements under 5 U.S.C. § 7106(b)(2)–(3). If you receive a proposed action tied to a missed report, consult your union representative or a federal employment attorney before the reply deadline.

3. The FLRA Says an Email Did Not Count — USDA's Disapproval of a Union Contract Was Never Properly Served, So the Agreement Became Binding on Day 31

Source: FedSmith, November 9, 2026

TL;DR: In an October 26, 2026 order reported by FedSmith on Monday, the Federal Labor Relations Authority held that a collective bargaining agreement between USDA's Oregon Rural Development office and National Federation of Federal Employees Federal Lodge 7 took effect and became binding on March 30, 2026, 31 days after the parties signed it on February 27. National Federation of Federal Employees, Federal Lodge 7 and U.S. Department of Agriculture, Oregon Rural Development, 74 FLRA No. 88 (Oct. 26, 2026). The agency head disapproved the agreement on day 28, but the disapproval went out as an attachment to an email from one agency official to another, with a union representative copied. The union said it never agreed to receive agency-head review documents by email and never received a properly served copy. USDA "confirms that the parties had no explicit agreement" for email service but argued that a "longstanding understanding" and past practice made email proper. The Authority rejected that argument: the agency "cites no authority ... for the proposition that parties may constructively consent to alternative means of service through past conduct." Because the disapproval was never properly served, the agreement took effect by operation of law, there was no negotiability dispute left to decide, and the union's petition was dismissed — with the union having won the point that mattered. Provisions contrary to law can still be challenged in arbitration or an unfair labor practice case.

For federal employees, this means:

• If your unit is still covered by the labor statute, a signed agreement is not dead just because management says it disapproved it. Ask your union whether the disapproval was served by certified mail, first-class mail, commercial delivery, or in person — or by email the union had agreed in writing to accept — within 30 days of signing.
• Stewards: put your consent, or your refusal, to email service in writing and keep it. This case turned entirely on the absence of any agreement to accept email.
• Which rights you have depends on where you sit. According to FedSmith, Executive Order 14251 excluded USDA's Food Safety and Inspection Service and Animal and Plant Health Inspection Service from the statute, but not Rural Development, and OPM's February 2026 guidance tells agencies to keep honoring agreements that cover employees who are not excluded.

Legal Insight

Under 5 U.S.C. § 7114(c)(2), the agency head must approve an executed agreement within 30 days if it complies with law, rule, and regulation, and under § 7114(c)(3), if the agency head "does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive representative." The Authority's service rule, 5 C.F.R. § 2429.27(b), allows certified mail, first-class mail, commercial delivery, or in-person delivery, and permits email "only when the receiving party has agreed to be served by email." The Authority has applied those rules strictly for decades, holding that actual notice does not substitute for proper service. If your agency has announced that your contract is disapproved, terminated, or no longer in effect, have your union or a federal employment attorney check the paper trail before you give up any negotiated protection.

Mindful Moment of the Day

The Paycheck Waiting Room

The 2027 pay decision is still being worked out, and a coworker asks what you think will happen with your paycheck. Notice what your mind does first, perhaps racing through budgets or bracing for the worst. Put both feet on the floor and take three slow breaths, longer on the exhale. Say silently, "I can plan for what I know and let the rest stay open." Then take one small step: write down the one financial question you can actually answer this week, and set the rest aside. Mindfulness here does not mean pretending the uncertainty is not real; it means giving your mind a steady place to rest while you wait. 

In Case You Missed It

A few quick hits from our recent posts:

Shutdown Over the Iran War? How Federal Employees Can Prepare Before December 11

USDA Relocation Freeze Holds: Judge Refuses to Lift His Stay, but the Protection Could Expire December 11

2027 Federal Pay Raise or Freeze? What the December Funding Deal and Open Season Mean for Your Paycheck

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

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.