Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Promotions And Time-In-Grade: OPM has published a proposed rule to scrap the 52-week "time-in-grade" wait before a General Schedule employee can be promoted, and the public comment period is now open until July 27 — a change that would touch nearly every competitive-service GS worker.

• Postal Service Finances: The Postal Service's inspector general says partnering with other agencies could bring in revenue and broaden services as USPS warns it could run out of cash as soon as fall 2026 — a solvency question hanging over roughly 640,000 postal jobs.

• Where Feds Can Sue: The Supreme Court reinforced that federal employees generally must route civil-service claims through the MSPB and the Federal Circuit rather than filing straight in district court, some say narrowing a path some had hoped to use to challenge workforce policies.

Top Stories:

1. OPM Moves to Eliminate the 52-Week Wait for Promotions — Comments Open Until July 27

Source: Government Executive, May 29, 2026

TL;DR: The Office of Personnel Management has proposed removing the "time-in-grade" requirement — the long-standing rule that a General Schedule (GS) employee must serve at least 52 weeks in their current grade before being promoted to the next grade. OPM published the proposed rule in the Federal Register on May 28, 2026, and the public comment period runs until July 27, 2026. Time-in-grade has been in place since 1950; OPM notes that the statute that originally mandated the one-year wait, the Whitten Amendment, was repealed in 1978, and the agency now calls the remaining rule "outdated." The requirement currently applies to competitive-service GS employees at GS-5 and above, but not to Federal Wage System (blue-collar) employees or to many excepted-service workers. OPM Director Scott Kupor said employees "should be rewarded for what they can do, not how long they have waited." Earlier attempts to repeal time-in-grade under the Clinton and George W. Bush administrations did not succeed.

For federal employees, this means:

• If you are in the competitive service, the 52-week wait between grades could disappear — potentially speeding some promotions, while giving managers more discretion over who advances and when.

• The proposal is open for public comment until July 27, 2026; any member of the public may submit a comment through the Federal Register or regulations.gov docket, and agencies and unions frequently weigh in on how a change like this affects fairness and consistency.

• Watch how your agency intends to apply skills-based promotion standards once time-in-grade is gone, and keep your position description, qualifications, and performance documentation current.

Legal Insight:
Time-in-grade restrictions sit in OPM's regulations at 5 C.F.R. §§ 300.601–300.605, not in a current statute — which is why OPM can change them through notice-and-comment rulemaking under the Administrative Procedure Act, 5 U.S.C. § 553, rather than needing new legislation. Removing the rule shifts more discretion to agency managers, which makes the merit system principles at 5 U.S.C. § 2301 — including that selection and advancement be based on relative ability, knowledge, and skills after fair and open competition — the backstop against arbitrary or favoritism-driven promotion decisions. The comment period is the moment to put concerns on the record.

2. Postal Watchdog: Partnering With Other Agencies Could Help Keep USPS Afloat

Source: Government Executive, May 21, 2026

TL;DR: The U.S. Postal Service Office of Inspector General released a report (RISC-WP-26-001) outlining how the Postal Service could expand partnerships with other government agencies to bring in revenue and broaden public services, as USPS warns it could run out of money as soon as fall 2026. The OIG pointed to options such as offering FBI biometric services (for example, fingerprinting) at more post offices — noting that about 30.4 million people, or 9% of the U.S. population, live more than an hour from a post office that offers them — and expanding a pilot that provides TSA PreCheck enrollment at postal locations. The Federal Communications Commission separately suggested USPS could lease rooftops for 5G and broadband equipment. Nonpostal government services brought in about $387 million in fiscal 2025, roughly 0.5% of total operating revenue, with 80% of that coming from passport processing. The OIG also noted that the Postal Service Reform Act of 2022 authorized USPS to work with state, local, and tribal governments, but the agency has not yet signed any such agreements.

For federal employees, this means:

•  For the roughly 640,000 postal employees, USPS's cash position directly affects job security, hiring, and the stability of operations; the "fall 2026" warning comes from the inspector general's report and recent testimony by Postmaster General David Steiner.

• New revenue lines — biometrics, TSA PreCheck, broadband leasing, and state or local partnerships — could create or shift postal work, especially in rural areas, though the OIG cautions that the added revenue is uncertain.

• If solvency pressure leads to restructuring, postal employees retain rights under their collective bargaining agreements; know your contract's provisions on reassignment, "excessing," and layoff protection, and consider speaking with a union representative or a federal employment attorney before acting on any separation offer.

Legal Insight:
The Postal Service Reform Act of 2022, Pub. L. No. 117-108, authorized USPS to enter agreements with state, local, and tribal governments, which is the legal basis for several of the service ideas in the OIG's report; the Postal Service also has general authority to cooperate with other federal agencies under 39 U.S.C. § 411. Because USPS is a self-funding entity that must cover operating costs largely from its own revenue, a cash shortfall does not automatically trigger the appropriated back pay that can follow a funding lapse at other agencies. That distinction matters for how postal employees should plan if restructuring becomes necessary.

3. Supreme Court Keeps Federal Employees' Civil-Service Claims on the MSPB Track

Source: Government Executive, May 27, 2026

TL;DR: The Supreme Court reversed a lower-court decision that would have allowed a fact-finding inquiry into whether the administration had effectively eliminated meaningful review of federal personnel policies under the Civil Service Reform Act of 1978 (CSRA). The case was brought by the National Association of Immigration Judges, which is challenging on First Amendment grounds an Executive Office for Immigration Review policy that restricts immigration judges from speaking publicly in their personal capacities. The Court's action reinforces the long-standing rule that federal employees generally must channel civil-service claims through the administrative process — agency, then the Merit Systems Protection Board (MSPB), then the U.S. Court of Appeals for the Federal Circuit — rather than filing directly in federal district court. The First Amendment challenge to the speech policy returns to the lower courts for further proceedings.

For federal employees, this means:

• If you are challenging a removal, suspension, or other covered personnel action, the default path runs through the MSPB and then the Federal Circuit — not a direct lawsuit in district court — and choosing the wrong forum can cost you the claim.

• The decision narrows, but does not erase, the limited situations in which employees have argued they can go straight to court; the law here remains unsettled and fact-specific.

• If you believe your situation might be an exception — for example, a purely constitutional claim with no civil-service remedy — talk to a federal employment attorney before filing anywhere, because forum and timing mistakes can forfeit your rights.

Legal Insight:
The Court relied on the channeling principle from Elgin v. Department of the Treasury, 567 U.S. 1 (2012), under which the CSRA's review scheme — culminating in Federal Circuit review under 5 U.S.C. § 7703 — is generally the exclusive route for covered federal employees, even when they raise constitutional arguments. The practical takeaway is about forum and timing: file in the right place, on time, or risk dismissal. Because the line between a claim that must be channeled and one that may proceed in district court is genuinely contested right now, employees with high-stakes actions should get advice before deciding where to file.

Legal Tip of the Day

When Your Performance Rating Changes Suddenly 

A drop in performance rating can affect promotions, pay, and job security. Sometimes the shift comes without clear explanation. Request specific examples supporting the rating. Compare feedback throughout the year to see if it aligns. Keep records of prior evaluations and accomplishments.

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