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The Federal Employee Briefing for July 16, 2025

Jul 16, 2025
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Brought to you by Southworth PC—Attorneys for Federal Employees

Our online community now tops 150,000 federal workers and supporters across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing distills the day’s most consequential developments, adds clear-eyed legal analysis, and pairs it with mindfulness tools that keep you steady no matter how turbulent the news cycle becomes. If this newsletter helps you stay informed, please pass it on: https://fedlegalhelp.com/newsletter. Your advocacy broadens the protective circle for every federal employee.

Top Three News Stories:

1. Justice Department Tells Judge It Will Not Release Agency RIF Playbooks

Yesterday, DOJ argued that the 40 layoff plans Judge Susan Illston ordered it to produce are “pre-decisional, deliberative, and protected by executive privilege,” and therefore off-limits to the unions, nonprofits, and cities suing to block mass reductions. Plaintiffs counter that the very existence of those final plans—ready to launch before the original injunction—shows they are no longer drafts. DOJ signaled it will move to dismiss the case entirely, setting up a showdown over how much transparency agencies owe before issuing pink slips. Reuters

Legal Insight: 

Courts routinely protect genuine pre-decisional documents, but once a RIF plan is adopted the deliberative-process shield drops. If Judge Illston finds the plans are effectively final, she can compel production under the Administrative Procedure Act and Federal Rules of Civil Procedure 26(b)(1). For employees, disclosure could reveal whether agencies mis-ranked tenure groups or skipped veterans’ points—evidence that fuels MSPB appeals. Unions may also invoke 5 U.S.C. § 7114(b)(4) to demand sanitized versions for bargaining; DOJ’s privilege claim cannot override that statutory right once plans are final.


2. Some Agencies Retreat From Layoffs After Surge in Voluntary Exits

Several midsize agencies—Interior, Commerce, and SBA—have quietly withdrawn or downsized RIF packages because buyouts and early-outs exceeded expectations. Interior, for example, reached 85 % of its target head-count reduction through VSIPs alone, while Commerce filled gaps by converting term appointments to permanent without external hiring. OMB is still pushing agencies to “eliminate unnecessary positions,” but officials say the optics of involuntary job cuts during hurricane season and election preparations are forcing recalibration. Government Executive

Legal Insight:

Employees who accepted VSIPs within the last 30 days may rescind and return to duty if the agency agrees, but after funds are paid a five-year re-employment ban attaches under 5 U.S.C. § 3523. Term employees converted to permanent slots must meet competitive-service requirements; failure to follow merit-promotion rules can spark OPM oversight or a Prohibited Personnel Practice complaint. Agencies that cancel a scheduled RIF must still document why positions are no longer surplus—otherwise later separations may appear retaliatory or discriminatory.


3. National Labor Relations Board Plans Tech Upgrade While Trimming Head Count

The NLRB will replace legacy case-tracking software with a cloud-based platform by January 2026, funding the project in part by abolishing roughly 10 % of administrative-support roles. Chair Lauren McFerran said the board faces “existential” challenges as filings climb but budgets stagnate. The upgrade promises faster electronic docketing and AI-assisted brief searches, yet unions warn that losing 200 staffers could extend already record case backlogs. Federal News Network

Legal Insight:

Impact-and-implementation bargaining is mandatory when layoffs accompany mission changes; failure to provide cost-benefit data can be an unfair labor practice. Employees shifted to new IT duties without a desk audit may be entitled to temporary-promotion pay after 120 days. Staff should document any workload spikes during the transition—overtime and compensatory-time claims survive even amid downsizing.

Mindful Moment of the Day: 

Desk-Chair Yoga     

At 3 p.m., stand or stay seated and do three gentle stretches—neck rolls, side bends, or shoulder shrugs. Match your breath to movement. This small break not only loosens the spine but also gives your prefrontal cortex—the part responsible for focus—a reset. Movement and breath together are a powerful one-two punch for resetting your day. 

Legal Tip of the Day: 

Know Your FMLA Rights: They Don’t Apply Automatically  

Once you’ve worked for a federal agency for 12 months and logged at least 1,250 hours in the past year, you may be eligible for FMLA leave. This means up to 12 workweeks of unpaid but job-protected leave for your own serious health condition—or that of a family member, or for childbirth or adoption. To qualify, you often need to fill out certification forms, and your agency must give you at least 15 days to provide them. Supervisors sometimes don’t understand the rules, and denials can violate your rights. When in doubt, ask for clarification in writing and keep records of every step you take to request the leave. 

Important Announcement: New RIF Appeal Resources Now Available

Before we dive into today's briefing, we want to quickly highlight new resources we've created specifically for federal employees facing Reduction-in-Force (RIF) actions. Given the challenging situation many federal workers now face, we've developed three tailored options to help you successfully appeal your RIF before the Merit Systems Protection Board (MSPB):

  • DIY Online Course (Bronze Level): Step-by-step video modules, proven templates, and strategic guidance to help you confidently file your own MSPB appeal. $199.
    👉 Reserve Your Spot (No Payment Required Today)

  • DIY Course + One-on-One Strategy Sessions (Silver Level): After enrolling in the DIY course, schedule private strategy sessions ($350/hour, up to three sessions) to personalize the course materials to your specific case.

  • Full Attorney Representation (Gold Level): Professional legal advocacy for high-stakes RIF cases, beginning with a confidential consultation ($350) to outline your strongest arguments and next steps. Retainers start at $5,000.
    👉 Schedule Your RIF Strategy Consult

We designed these solutions to empower you—regardless of your budget or your case's complexity. Take action today to protect your federal career and future.

In Case You Missed It:

HHS RIF Notice Failures: RIF Notice Comes After Employees are Locked Out

RIFs at the State Dept., Dept. of Education, and HHS

Supreme Court RIF Ruling Threatens Department of Education’s Future

 

Live Q&A — Saturday, 11 a.m. ET 

 

Bring your toughest workplace questions to our interactive coaching call. Free three-day trial, $19/month thereafter, cancel anytime. Members receive replays, written takeaways, and mindfulness drills that translate legal theory into daily practice. Reserve your seat: https://fedlegalhelp.com/join

Deep-Dive Courses for When the Stakes Are Personal

Navigating Reasonable Accommodations: Maximize Telework
$199 USD
Request accommodations confidently with step-by-step videos, professional templates, and mindfulness tools.
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Federal Employee RIF Masterclass: Protect Your Future
$199 USD
Secure your career during a Reduction in Force (RIF) with clear video lessons, actionable checklists, and stress-management techniques.
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Need Personalized Advice?

A federal job moves fast—and so do the deadlines to fight discrimination, retaliation, potential discipline, or a removal. If you are interested in seeing if we can help you, one short, confidential call with Southworth PC might be able to help. The consultation is free, you speak with an attorney (not a screener), and our hybrid-retainer model caps your up-front costs until we win or settle.

We litigate before the EEOC, MSPB, and OSC nationwide, drawing on decades of inside knowledge of agency tactics. Protect your rights before the next deadline closes.

👉 Schedule Your Free Consultation Today

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Disclaimer:
This newsletter is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Southworth PC provides these insights to help federal employees better understand their rights and navigate workplace developments, but every situation is unique. If you are facing a specific employment issue, you should consult a qualified attorney to discuss the facts of your case. While we aim to ensure the accuracy of legal interpretations at the time of publication, changes in law or policy may affect how the information applies to your circumstances. We’re proud to stand with federal employees—and we’re here when it matters most.

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The Federal Employee Briefing: Your Trusted Guide in Uncertain Times

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.
© 2025 SOUTHWORTH PC. ALL RIGHTS RESERVED. LEGAL INFORMATION ONLY. NO LEGAL ADVICE PROVIDED.

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