Southworth PC | Federal Employee Briefing — Wednesday, 04/01/2025
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
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TSA Is Getting Paid. FEMA, Coast Guard, CISA, and Secret Service Civilians Are Still Not. President Trump's executive order directed DHS to pay TSA employees using funds from last year's reconciliation bill. Most TSA officers received two paychecks on Monday. But tens of thousands of other DHS workers — at FEMA, CISA, the Coast Guard, and the civilian side of the Secret Service — are still reporting to work without pay. Congress is on Easter recess until April 14.
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The Coast Guard Has Missed Pay for 85 of the Last 176 Days. The Coast Guard's vice commandant told Congress the service is in "grim uncertainty" — unable to pay more than 5,000 utility accounts, with critical infrastructure at imminent risk of shutoff, and a backlog of 16,000 merchant marine credentials growing by 300 per day.
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GSA Says That None of Its Federal Buildings Meet the Legal Occupancy Threshold. The General Services Administration reported that none of its more than 9,700 federally owned or leased buildings meet the 60% occupancy requirement mandated by the USE IT Act. As a result, agencies must either increase building usage or develop plans to reduce their office space.
Top Stories:
1. TSA Is Getting Paid. Tens of Thousands of Other DHS Employees Are Still Working for Free — and Congress Left Town.
Source: Government Executive — March 30, 2026
TL;DR: President Trump signed an executive order directing DHS to redirect funds from last year's One Big Beautiful Bill Act to pay TSA employees. Most TSA officers received two paychecks on Monday, March 30 — covering pay periods 4 and 5 of the shutdown. Pay period 3's partial check remains outstanding, and DHS says it is working to process it. However, the executive order applies only to TSA. FEMA workers, CISA employees, Coast Guard civilians, and civilian Secret Service staff are still working without pay as of today. Congress left for a two-week Easter recess on Friday without resolving the broader DHS funding standoff. Lawmakers are not expected back until April 14.
For federal employees, this means:
- If you are a TSA officer, confirm what you actually received. DHS says most employees received two full paychecks covering periods 4 and 5. If the partial pay from period 3 is missing, document the discrepancy and follow up in writing with your payroll office. Keep your own records of every pay period affected.
- If you are a FEMA, CISA, Coast Guard civilian, or Secret Service civilian employee, you are still working without pay as of today, and Congress will not be back in session until April 14. The Government Employee Fair Treatment Act of 2019 guarantees you back pay once the shutdown ends — but that guarantee does not accelerate your paycheck or cover late fees, credit damage, or other costs you are incurring right now.
- The White House press secretary said Tuesday that the president cannot keep signing executive orders every time Congress fails to act. The implication is that DHS employees at FEMA, CISA, and the Coast Guard should not expect the same executive action that TSA received.
Legal Insight:
The Government Employee Fair Treatment Act of 2019 guarantees back pay for all federal employees who worked or were furloughed during a lapse in appropriations once funding is restored. That guarantee is statutory and automatic — but it applies only to employees who are still employed when funding is restored. If you are considering any employment action — accepting a separation offer, taking a second job that may create a conflict, or any other decision — while the shutdown continues, consider the effect on your back pay eligibility before acting. If your back pay calculation is incorrect when it arrives, document the discrepancy immediately and contact your payroll office in writing. Because payroll correction disputes can involve their own timelines and procedures, consider talking with your union and a qualified federal employment attorney if a discrepancy is not resolved promptly.
2. The Coast Guard Has Worked Without Pay for 85 of the Last 176 Days — Its Infrastructure Is at Risk of Shutoff
Source: American Legion — March 25-26, 2026
TL;DR: The Coast Guard's vice commandant, Admiral Thomas Allan, testified before Congress last week that the service has been without adequate funding for 85 of the last 176 days — nearly half of the current fiscal year. The testimony detailed that the Coast Guard has been unable to pay more than 5,000 utility accounts, putting its critical infrastructure at imminent risk of widespread utility shutoffs and fuel delivery refusals. A backlog of more than 16,000 merchant marine credentials is growing by 300 per day. Coast Guard military members have continued to receive pay, but the service has operated under constant uncertainty about its ability to make the next military payroll. Civilian employees have missed multiple paychecks.
For federal employees, this means:
- If you are a Coast Guard civilian employee, you are among the federal workers the executive order did not cover. You are still working without pay. The "grim uncertainty" the vice commandant described before Congress last week is the same uncertainty you are living in your personal finances right now.
- The Coast Guard's situation — working without adequate funding for half the fiscal year — is not a short-term disruption. It reflects a pattern of repeated funding lapses that the service's own leadership told Congress is affecting mission readiness and causing people to question whether federal service is sustainable.
- If you are a military member in the Coast Guard, you have continued to be paid — but the uncertainty about future military payroll is real and documented by your service's own leadership. Know your rights and your options if that situation changes.
Legal Insight:
Coast Guard civilian employees have the same rights as other federal employees under the Government Employee Fair Treatment Act of 2019. If the ongoing funding lapse has affected your ability to meet administrative deadlines — MSPB appeals, EEO contact windows, OSC filings — do not assume those deadlines are automatically tolled. Verify your specific situation with your union or an attorney. Because the Coast Guard operates under a unique combination of military and civilian personnel systems, the legal analysis of your specific rights and options may differ from standard Title 5 employees, and the specifics matter significantly. Consider talking with your union and a qualified federal employment attorney who is familiar with the Coast Guard's personnel system before making any decisions that affect your employment status.
3. The Government Just Revealed That Not a Single Federal Building Meets the Legal Occupancy Threshold — and GSA Says Selling Buildings Is "a Top Priority"
Source: Federal News Network — March 31, 2026
TL;DR: The General Services Administration on Tuesday released the first government-wide federal building utilization data required by the USE IT Act, a bipartisan law President Biden signed in his final weeks in office. The findings: not one of the nearly 9,800 buildings GSA owns or leases for the federal government meets the law's minimum 60% occupancy threshold. The data is drawn from the 24 largest federal departments and agencies during the first quarter of 2025, before the administration's return-to-office orders took full effect. GSA Administrator Edward Forst said in a statement that selling and eliminating underutilized buildings is "a top priority" and that GSA will move to co-locate agencies with similar missions, dispose of properties, and reduce the federal real estate footprint. A separate Public Buildings Reform Board report found GSA's deferred maintenance backlog has grown to $50 billion — and that at current funding levels, GSA's owned building portfolio would need to shrink by 80%.
For federal employees, this means:
- If you are a federal employee whose office is in a GSA-managed building — which covers the majority of civilian agency workspace in the national capital region and across the country — this data is the formal legal predicate for decisions about whether your agency keeps its space, consolidates with another agency, relocates, or loses its lease.
- The administration has already sold at least one vacant D.C. federal building and has stated publicly that more sales are coming. Co-location of agencies with similar missions is the stated plan. That means agency mergers, office moves, and workplace disruptions are not hypothetical — they are administratively in motion.
- Importantly, the occupancy data is drawn from the first quarter of 2025 — before the administration's return-to-office orders brought approximately 90% of federal employees back on-site full time. GSA acknowledged the initial data is "imperfect" and that methodology will continue to be refined. The picture may look different when measured under current conditions.
Legal Insight:
A management-directed relocation of your official duty station — whether across town or to a different city — is a significant change in working conditions that may constitute a constructive adverse action depending on the circumstances, particularly if it makes your commute unreasonable, conflicts with an approved reasonable accommodation, or is targeted at employees in a protected class. If your agency announces plans to relocate or consolidate your office as a result of this data, do not assume you have no options. The procedures governing official duty station changes, lease decisions, and agency reorganizations carry their own rules and timelines. Because the legal analysis of any specific relocation or consolidation action depends heavily on the facts — your duty station, your position, any existing accommodation agreements, and how the action is formally framed — consider talking with your union and a qualified federal employment attorney before agreeing to or declining any management-directed change to your work location.
Legal Tip of the Day
If You Suspect Retaliation
Retaliation can occur after reporting misconduct, filing complaints, or asserting rights. It often appears as subtle changes—assignments, evaluations, or treatment. Track changes closely and connect them to timelines. Documentation is key to showing patterns. Even small actions can become important when viewed together.
In Case You Missed It
A few quick hits from our recent videos and posts:
Army Civilian Reassignments and RIF Rights
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Treasury OFR Workforce Cuts Raise Financial Oversight Concerns
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Federal Hiring Crisis: Recruitment vs. Retention Reality
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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.
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