Attorneys for Federal Employees — Nationwide

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Today at a Glance

• DHS Shutdown, Week 4 — TSA callout rates have doubled. Over 300 officers have quit. If you work at DHS, your next full paycheck is at risk on March 14.

• Schedule Policy/Career Waiting Period Is Over — The 30-day clock has run out. The President can now sign the executive order. No conversions have happened yet, but the legal path is open.

• Retirement Backlog Hits 65,000 — OPM received 31,000 new retirement claims in February alone. If you're planning to retire, expect delays and file a complete package now.

Top Stories:

1. DHS Shutdown Enters Fourth Week: TSA Officers Working Without Pay, Lines Stretching for Hours

Source: CBS News — March 10, 2026

TL;DR: The partial DHS shutdown is now in its fourth week. TSA officer absences have more than doubled, over 300 officers have left the agency, and airport security lines are hitting three to five hours at some locations — right as spring break travel picks up.

For federal employees, this means:

• About 50,000 TSA officers are working without pay right now. They got a partial paycheck on February 28. The first fully missed paycheck is March 14.
• If you work at DHS, you are still legally entitled to back pay once funding is restored, under the Government Employee Fair Treatment Act of 2019.
• Other personnel deadlines — like performance reviews, probationary periods, and appeal windows — may still be running even during a shutdown, so don't assume the clock stops on everything.

Legal Insight:
If you're affected, keep a written record of every hour you work during the shutdown. Save all pay-related notices. Confirm with your supervisor or HR — in writing — whether you've been classified as "excepted" (required to work without pay) or "furloughed" (sent home). Check whether your agency's Employee Assistance Program or your credit union has emergency financial options. If you're facing a personnel action on top of the shutdown, talk to your union rep and consider consulting a federal employment attorney — deadlines don't always pause just because the government isn't funded.

2. Schedule Policy/Career: The 30-Day Waiting Period Has Expired — Here's What That Means

Source: The Mindful Federal Employee — March 10, 2026

TL;DR: The 30-day waiting period after OPM published its final Schedule Policy/Career rule ended on March 9. That means the President now has the legal authority to sign an executive order converting career federal positions into this new at-will employment category. No executive order has been signed yet. No positions have been converted yet. But the runway is clear.

For federal employees, this means:

• If your job involves policy work — writing rules, advising leadership, shaping agency decisions — your position could eventually be reclassified under Schedule Policy/Career.
• If that happens, you would lose your right to MSPB appeals, advance notice before removal, and access to the Office of Special Counsel for whistleblower complaints.
• A coalition of unions and employee groups (PEER, AFGE, AFSCME, AFL-CIO) filed an updated lawsuit on March 4 challenging the rule. Plaintiffs have until March 13 to respond to the government's motion to dismiss. That case is PEER v. Trump, No. 8:25-cv-00260-PX, in the U.S. District Court for the District of Maryland.

Legal Insight:
Nothing has changed about your job today — but now is the time to prepare. Pull up your Official Personnel Folder (eOPF) and confirm your current appointment type and position description. If your agency starts talking about "position lists" or reclassification, document every communication. Save emails, memos, and meeting notes. If you think your role could be affected, consider reaching out to your union and a qualified federal employment attorney sooner rather than later. Once an executive order is signed, things could move quickly.

3. Retirement Backlog Tops 65,000 — OPM Received 31,000 New Claims in February Alone

Source: Federal News Network — March 9, 2026

TL;DR: OPM's retirement application backlog has nearly doubled since last October. There are now over 65,000 pending retirement claims. OPM received about 31,000 new applications in February — one of the highest months on record — while processing only about 18,000.

For federal employees, this means:

• If you're thinking about retiring soon, plan for a longer wait. OPM's average processing time in February was 71 days, and that doesn't include the time your agency HR and payroll offices take before your application even reaches OPM.
• Interim annuity payments (roughly 80% of your estimated benefit) typically start within about eight days of OPM receiving a completed package — but the key word is "completed." Missing documents push you to the back of the line.
• The surge is largely driven by workforce reductions over the past year, including employees who left through the deferred resignation program.

Legal Insight:
This isn't a legal dispute — it's a paperwork and processing problem. But paperwork errors can become real problems fast. Before you submit, make sure your retirement package is complete: verify your service computation date, confirm beneficiary designations, check that any military service deposits are paid, and keep copies of everything. If your agency is separating you (through a RIF, for example) and you're eligible for retirement, the type of separation matters for your benefits. If something looks wrong on your separation paperwork or your annuity estimate, flag it early — fixing the paper trail is much easier now than six months from now. If a delay turns into a benefits dispute, get help from a qualified attorney quickly.

Legal Tip of the Day

Telework, Schedules, and “Policy Drift”

Telework and flexible schedules often start with clear rules, then slowly morph through informal side agreements. To protect yourself, keep copies of your original telework agreement, any written approvals for schedule changes, and key emails about when and how you’re expected to be available. If a new supervisor tries to enforce unwritten rules or claims you were “out of position,” your documents may be critical. Don’t rely on “everyone knows how we do it” as your only protection. If changes to telework or schedule feel unfair or targeted, our office can help you assess whether there are legal issues beneath the surface. 

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