Attorneys for Federal Employees — Nationwide

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Today at a Glance

• OPM edited shutdown pay guidance: Why website language changed, and what you should save now.

• True Shutdown Fairness Act: A new bill aimed at paying feds, service members, and contractors on time during FY 2026 shutdowns.

• DHS scrutiny is rising: What increased attention on CBP/ICE could mean for policies, training, and discipline inside components.

Top Stories:

1. OPM Removed “Guaranteed Back Pay” Language From Shutdown Guidance

Source: Federal News Network — February 2, 2026

TL;DR: OPM changed its shutdown guidance and removed language that said back pay after a shutdown is “guaranteed.”

For federal employees, this means:

• OPM website guidance can change fast, and it may not fully reflect the strongest employee-protective view of the law.
• If a shutdown happens again, your agency may point to this guidance when explaining pay timing.
• This is a good moment to save the guidance and your agency’s written instructions, so you have a clear record of what you were told.

Legal Insight:
Your pay rights come from the statute and any shutdown-ending legislation—not just a webpage. Download and save the current OPM furlough guidance, plus any agency emails or notices you receive. Confirm your status in writing (excepted vs. furloughed) and keep your time-and-attendance and LES records organized. If instructions are unclear or inconsistent, ask HR/LR for written clarification and save the response. Because deadlines can be short when pay, leave, and adverse actions overlap, consider talking with your union and a qualified federal employment attorney.

2. New Bill Introduced: the “True Shutdown Fairness Act”

Source: Office of Rep. Eugene Vindman — February 2, 2026

TL;DR: A new bill was announced that aims to keep paychecks going during any FY 2026 shutdown for federal workers, service members, and contractors.

For federal employees, this means:

• Lawmakers are trying to move from “eventual back pay” to “pay on time.”
• The bill also describes guardrails tied to workforce actions during a shutdown (including protections aimed at preventing shutdowns from being used to carry out RIF-related moves).
• It’s not law yet, so you should track it and avoid assuming you’re covered until you see final text and passage.

Legal Insight:
A press release is not the law. The real impact depends on the final bill text and whether it becomes law. If this matters to you, save the bill number(s) and follow it on Congress.gov so you can see what changes, what definitions are used, and whether it advances. Don’t assume coverage—who counts as covered, what “paid” means, and how payment is funded are key details. If you’re in a unit facing RIF risk, keep your documentation ready either way, because bills can stall or change. Because RIF and adverse-action timelines can move quickly, consider talking with your union and a qualified federal employment attorney.

3. DHS Components Under Sharper Public Scrutiny

Source: Defense One — February 2, 2026

TL;DR: A Defense One brief highlighted reporting and commentary about ICE/CBP oversight and misconduct concerns, which may shape policy debates.

For federal employees, this means:

• When scrutiny rises, agencies sometimes tighten policy and training fast—and the “rules on paper” may change before people are fully trained.
• That can increase discipline risk for employees who are doing their best but dealing with shifting guidance.
• You should expect more emphasis on documentation, compliance, and “show your work” decision-making in high-visibility environments.

Legal Insight:
Fast policy changes create “gotcha” risk when training and guidance lag behind expectations. Save your training records, written instructions, and supervisory direction. If you’re told to do something that seems outside policy, ask for the policy citation or written confirmation. If you raise legal or safety concerns, use appropriate channels and keep records of what you reported and when. Because discipline, whistleblower, and adverse-action deadlines can be short, consider talking with your union and a qualified federal employment attorney.

Legal Tip of the Day

Performance Reviews and PIPs

Don’t treat a performance review or Performance Improvement Plan (PIP) as just paperwork. Read every line carefully. If you disagree with factual statements, draft a professional written response while details are fresh. Ask for specific examples of alleged deficiencies and clarify how success will be measured. During a PIP, keep your own log of assignments, deadlines, and what you submitted, and save copies in a safe place. A PIP is often a fork in the road for your career. If you’ve received a negative appraisal or PIP, consider talking with our firm early, not after it ends. 

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