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Southworth PC | Federal Employee Briefing — Wednesday, 04/22/2026

Apr 22, 2026
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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

  • Labor Secretary out: Chavez-DeRemer resigned Monday amid an IG misconduct probe — the third Cabinet departure in six weeks; Keith Sonderling is acting secretary.

  • DHS pay cliff: Secretary Mullin warned Tuesday that emergency funds to pay DHS employees will be exhausted by early May — one payroll cycle away.

  • HHS disability backlog: HHS is detailing GS-12 and GS-13 employees on 90- to 120-day assignments to process a backlog of 9,000 reasonable accommodation requests.

Top Stories:

1. Labor Secretary Chavez-DeRemer Resigns — Sonderling Takes Over

Source: NPR — April 20, 2026

TL;DR: Labor Secretary Lori Chavez-DeRemer resigned Monday amid an internal IG investigation into alleged misconduct. She is the third Cabinet departure of Trump's second term, following former DHS Secretary Noem and former AG Bondi. NPR Deputy Secretary Keith Sonderling, who has already been running day-to-day operations, is acting secretary. NPR Under Chavez-DeRemer's leadership, the Labor Department began repealing or rewriting various workplace regulations, calling them "obsolete" — drawing widespread criticism from union leaders.

For federal employees, this means:

  • Sonderling is expected to continue current DOL policy direction; no immediate changes to pending rulemakings are anticipated.
  • Federal employees who interact with DOL on FMLA, FLSA, OSHA, or contractor oversight should expect continuity but watch for a new nominee.
  • The departure was timed to avoid a congressional hearing Wednesday where Democrats planned to focus on the IG findings.

Legal Insight:
Under the Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d), the deputy secretary automatically assumes acting duties upon a vacancy. Sonderling can serve as acting secretary for up to 210 days, or longer if a nomination is pending. Pending DOL rulemakings — including proposed changes to overtime thresholds and independent contractor classifications — remain in effect during the transition.

2. Mullin: DHS Has One Payroll Left Before Emergency Funds Run Dry

Source: Federal News Network — April 21, 2026

TL;DR: DHS Secretary Markwayne Mullin said Tuesday that the department will exhaust the emergency funds it has been using to pay employees by early May. Federal News Network DHS payroll runs $1.6 billion every two weeks. The $10 billion pot from the One Big Beautiful Bill Act was down to less than $1.4 billion as of late last week. AOL Mullin warned there is no additional executive order the president can sign because there is simply no more money available. Federal News Network Roughly two-thirds of DHS employees remain furloughed.

For federal employees, this means:

  • DHS employees should assume no further paychecks after the next pay cycle unless Congress acts — the executive branch has exhausted its workaround authority.
  • The Senate voted 52-46 Tuesday to begin a reconciliation process to fund ICE and CBP, but final passage and House action will take weeks at minimum.
  • AFGE President Kelley has urged the House to immediately pass the Senate's bipartisan bill funding most of DHS while reconciliation proceeds separately.

Legal Insight:
The Government Employee Fair Treatment Act (P.L. 116-1) guarantees back pay for federal employees affected by a shutdown, but does not set a timeline for payment. Under 31 U.S.C. § 1341 (the Antideficiency Act), agencies cannot obligate funds that have not been appropriated. Once emergency funds are exhausted, DHS employees who continue to work will do so without any pay mechanism in place — making the back-pay guarantee their only financial protection until Congress acts.

3. HHS Detailing Staff to Clear 9,000 Reasonable Accommodation Requests

Source: Federal News Network — April 21, 2026

TL;DR: HHS is requesting nominations for GS-12 and GS-13 employees to serve on 90-day or 120-day detail assignments to process a backlog of more than 9,000 reasonable accommodation requests.  HHS centralized all RA processing last year and requires assistant-secretary-level approval for any accommodation involving telework — a decision that slowed the process dramatically. Last year, HHS repealed all existing accommodations that included telework to comply with the return-to-office mandate. CDC recently restored interim telework authority for supervisors, but final decisions still require HHS leadership sign-off.

For federal employees, this means:

  • Employees with pending RA requests at any HHS component should expect continued delays — there is no stated timeline for clearing the full 9,000-case backlog.
  • CDC has restored supervisor authority to grant interim telework accommodations while cases are pending, but other HHS components may not have followed suit.
  • Former RA staff were among those cut in last year's RIFs, which is why HHS is now pulling mid-career employees from other functions to fill the gap.

Legal Insight:
Under Section 501 of the Rehabilitation Act (29 U.S.C. § 791) and EEOC regulations at 29 C.F.R. § 1614.203, agencies must provide reasonable accommodations to qualified employees with disabilities unless doing so would impose undue hardship. Unreasonable delay in processing RA requests can itself constitute a failure to accommodate — and some have estimated $200 million in potential liability from the resulting surge in discrimination complaints. Employees whose requests have been pending for months should document every communication and consider filing a formal EEO complaint to preserve their rights. Affected employees might want to consider contacting a federal employee attorney. 

Legal Tip of the Day

If Communication from Your Supervisor Changes

A shift in tone or frequency of communication can signal a change in how your performance or role is being viewed. Pay attention to patterns—what is being said, and what is no longer being said. Document key interactions and follow up in writing when appropriate. Clarity early can prevent misunderstandings later. 

In Case You Missed It

A few quick hits from our recent videos and posts:

OPM Medical Data Proposal Updates

4.21 OPM Medical Records Update

Federal Employee Morale Decline: What You Can Do

4.21 Feds are NOT Okay

Labor Secretary Resignation and Federal Employees

4.21 Labor Secretary Out

Thinking About Federal Disability Retirement?

If your medical conditions make it hard to safely or consistently perform your federal job—even with accommodations—it may be time to explore OPM/FERS disability retirement.

We help federal employees:

  • Decide whether disability retirement is the right path compared to accommodation or reassignment

  • Gather and frame medical evidence so it speaks the language OPM expects

  • Prepare and submit disability retirement applications and related documentation

  • Coordinate strategy when disability retirement interacts with pending discipline, EEO complaints, or MSPB appeals

For most disability retirement matters, we offer full‑service application assistance for a flat fee of $5,000, plus any required costs. In a free consultation, we’ll talk through your health limitations, job duties, and timelines so you understand your options before you commit.

👉 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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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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