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Southworth PC | Federal Employee Briefing — Tuesday, 12/09/2025

Dec 09, 2025
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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

  • Supreme Court weighs firing limits for independent boards: Could reshape how presidents control agencies that decide federal employee cases.

  • Trump’s new management agenda: Signals coming moves on performance, telework, and restructuring across government.

  • NDAA draft for DoD civilians: Would speed promotions, boost cyber pay, and tighten rules on big RIFs.

Top Stories:

1. Supreme Court May Expand Presidents’ Power Over Independent Agency Boards

Source: AP News — December 8, 2025

TL;DR: The Supreme Court heard a case about President Trump’s firing of an FTC commissioner and signaled it may give presidents more power to remove members of independent agency boards. The decision could affect boards like MSPB and NLRB that handle appeals and labor disputes for federal employees.

For federal employees, this means:

  • The independence and stability of boards that decide your appeals, grievances, and labor cases could change.
  • Even if leadership changes, your filing deadlines and procedures will stay in place unless Congress or the agency changes them.
  • If you have a case before one of these boards, you should keep a close eye on official updates.

Legal Insight:
This case is about how much Humphrey’s Executor v. United States (1935) still limits a president’s power to fire independent agency officials, and how it fits with newer cases that expanded removal power for some positions. If the Court loosens these limits, presidents could more easily replace members of boards like the MSPB, NLRB, and FTC that strongly influence federal employee rights and appeals. You should not assume your deadlines change just because the board’s leadership might change—keep tracking every MSPB, EEO, OSC, or union grievance deadline exactly as stated in your notices. Save copies of all decisions, notices, and filings, and check the board’s website or your representative’s updates regularly. Because deadlines in these matters are short, consider talking with your union and a qualified federal employment attorney if you have an active or upcoming case and are worried about how a Supreme Court decision could affect it.

2. Trump’s New Management Agenda Promises “Root and Branch” Government Reform

Source: Government Executive — December 8, 2025

TL;DR: The White House issued a new President’s Management Agenda (PMA) for Trump’s second term that talks about “reforming government root and branch,” but leaves many specifics for later. The agenda focuses on elimination, accountability, and reshaping the federal workforce through future executive orders, budget proposals, and OMB guidance.

For federal employees, this means:

  • You should expect more proposals that could affect your agency’s mission, staffing levels, and performance systems.
  • Telework and remote work policies may be revisited as part of “accountability” efforts.
  • Changes are not real until they appear in actual orders, regulations, or agency policies.

Legal Insight:
The PMA is a policy roadmap, not a statute, but it often drives executive orders, OMB memos, and agency rules that change your day‑to‑day work. The legal backbone here is Title 5 (civil service), along with any future executive orders and OMB management directives that implement PMA themes. As new policies roll out, read every notice or email that affects your performance standards, telework, or job duties, and save copies in your personal files. Ask HR or your supervisor questions in writing so you have a record of what you were told, and if you are in a bargaining unit, watch for union updates on bargaining or mid‑term changes. When changes appear tied to demotion, removal, or a RIF, calendar all response and appeal deadlines, and consider talking with your union and a qualified federal employment attorney before those dates hit.

3. Draft NDAA Would Speed Promotions and Boost Cyber Pay for DoD Civilians

Source: Federal News Network — December 8, 2025

TL;DR: A compromise version of the FY 2026 National Defense Authorization Act (NDAA) would remove time‑in‑grade rules for some DoD civilian jobs, add new cyber pay flexibilities, and tighten reporting and limits on large workforce cuts. The bill still must pass Congress and be signed before any changes take effect.

For federal employees, this means:

  • DoD civilians could see faster promotions based on skills and performance instead of strict time‑in‑grade rules.
  • Cyber workers may have access to higher or more flexible pay.
  • Some large RIF actions may face new limits and reporting requirements, but current RIF rules still apply until the law is final and implemented.

Legal Insight:
The NDAA is the annual defense policy law and can change parts of Title 5 and Title 10 that govern hiring, promotion, and pay for DoD civilians. Until the NDAA is actually passed and signed, existing OPM and DoD rules on time‑in‑grade, classification, and RIF procedures remain in force. If you are a DoD employee, watch for official DoD and OPM implementation guidance before assuming anything has changed in your promotion or RIF rights. If you receive a notice of downgrade, RIF, or other adverse action, save the entire packet, note the date you received it, and calendar all deadlines for MSPB, EEO, or grievance filings. Because RIF and appeal deadlines are short and strict, consider talking with your union and a qualified federal employment attorney as soon as you get a notice.

Mindful Moment of the Day

When Coworker Tension Flares 

When a coworker’s comment in a meeting lands wrong, your mind can jump straight to replaying it on a loop. Before you craft speeches in your head, pause and notice what’s happening in your body—tight shoulders, clenched hands, racing heart. Take 10 slow breaths and silently name your feeling: “hurt,” “irritated,” or “confused,” like you’re labeling a file instead of becoming it. From there, you can choose a calmer next step—whether that’s letting it go, asking a clarifying question, or planning a direct, respectful conversation later. 

In Case You Missed It

A few quick hits from our recent videos and posts:

Presidential Removal Power: What the Supreme Court Case Means for Feds

12.8 FTC Firing Case Hits the Supreme Court: What It Means for YOUR Federal Career.

Why Civil Service Protections Matter More Than Ever

12.8 Your Civil Service Protections Are on the Line - Here's What's Really at Stake

Presidential Removal Power and What It Means for MSPB Independence

12.8 MSPB & NLRB Shake-Up: Court Says President Can Fire Members Anytime.

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

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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.

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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