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The Federal Employee Briefing for May 12, 2025

May 12, 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. Federal Judge Halts Trump Administration’s Mass Layoffs of Federal Workers

A U.S. district judge in San Francisco issued a 14-day temporary restraining order on May 10 that blocks the White House from proceeding with sweeping workforce cuts ordered in February.  The court found the plaintiffs—AFGE, other unions, and local governments—are likely to succeed in arguing that large-scale reorganization requires congressional approval, and that thousands of employees already separated could face irreparable harm.  The Justice Department has filed a notice of appeal to the Ninth Circuit, but for now agencies must freeze all layoff actions tied to the disputed executive order. Washington Post

Legal Insight:

From a legal standpoint, the ruling underscores that agencies cannot rely solely on executive authority to abolish positions en masse; Title 5 reduction-in-force procedures and appropriations riders still control.  Employees who have already received notices—or who were removed—should preserve all correspondence and deadlines, because the injunction may reopen avenues for MSPB appeals or class claims for back pay.  Agencies must also reassess any pending RIF plans or “deferred-resignation” offers or risk later findings of prohibited personnel practices.  Practitioners should watch the May 22 hearing, where the court could convert the TRO into a preliminary injunction lasting through the merits phase.

2. Federal Employee Unions Scramble to Survive Amid Trump’s Bid to Curb Collective Bargaining

In a May 11 Weekend Edition Sunday report, NPR detailed how recent executive actions stripping bargaining rights from policy-influencing positions have gutted union dues collections and forced the American Federation of Government Employees and other labor groups to cut staff and services.  Union leaders warn that removing dues-withholding and official-time provisions threatens their ability to represent hundreds of thousands of members just as agencies press ahead with job cuts and relocations.  The story traces the stakes back to the Civil Service Reform Act of 1978 and notes that unions are racing to move members to direct-pay options while federal courts—and potentially Congress—decide the fate of the new rules.  NPR

Legal Insight:

Legally, the executive orders face two principal challenges: whether they exceed the President’s management rights under 5 U.S.C. § 7106 and whether they violate employees’ First Amendment freedom of association.  Until the courts rule, employees who lose automatic dues withholding must proactively arrange ACH or credit-card payments if they want continued representation during grievances, MSPB appeals, or OSC filings.  Agencies should beware of declaring any contract provisions “null” without first bargaining or obtaining FLRA guidance; unilateral implementation risks unfair-labor-practice findings and make-whole remedies.  For practitioners, the tactical question is whether to seek expedited FLRA arbitration or to piggy-back on the broader constitutional litigation for injunctive relief.  

3. FEMA Scales Back In-Person Disaster Training Weeks Before Hurricane Season

Reuters reported on May 11 that FEMA has sharply reduced its in-person emergency-management courses, citing Trump-era directives to shrink the agency’s footprint and travel budgets.  Roughly one-third of FEMA’s workforce has already departed, and many hurricane-preparedness workshops for state and local officials have been shifted online or cancelled outright.  Emergency-management experts and the National Emergency Management Association warn the move erodes crucial relationships and hands-on skills just as forecasters predict an active Atlantic season with 17 named storms.  Reuters

Legal Insight:

For federal employees, the cuts raise two immediate legal issues.  First, FEMA personnel reassigned or placed on administrative leave may have rights under RIF regulations and whistleblower statutes if they object to policies that endanger public safety.  Second, state and local officials who rely on Stafford Act coordination could cite diminished federal capacity when seeking disaster declarations, potentially forcing FEMA to demonstrate it still meets statutory readiness obligations.  Employees asked to perform duties without proper training should contemporaneously document any safety or compliance concerns for potential OSC or IG disclosures.  Counsel should also monitor whether reduced training undermines FEMA’s ability to claim the “good-faith” defense in tort suits arising from disaster response failures.

Mindful Moment of the Day: 

Single-Task Savoring 

Pick one routine duty today—scanning a PDF, updating a spreadsheet—and treat it as the only job you will ever perform. Notice the cursor glide, the rhythm of keystrokes, the moment data lines up perfectly. Immersing in the sensory texture of a humble task rewires the brain for deep work, a scarce commodity in notification-driven environments. Attorneys who adopt periodic savoring report greater creative insight when they later tackle high-stakes analysis; the mind, rested from scattered attention, regains its analytic edge. 

Legal Tip of the Day:

Put Telework in Black and White 

A verbal “sure, work from home” is not a shield when a new supervisor decides everyone must report in person tomorrow. Ask for a signed telework agreement; attach any medical or caretaking documentation that underpins the arrangement. When agencies attempt unilateral revocation, written agreements give you leverage for a grievance, reasonable-accommodation claim, or OSC disclosure—often stopping the rollback before it starts. 

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

In Case You Missed It:

Today on the blog we unpack:

Federal RIF Pause: What the TRO Means for You

Federal Judge Signals Possible Block on Trump-Era RIF Orders

Fired for Telling the Truth: The Fallout from FEMA’s Leadership Purge

What to Do If You Receive a RIF Notice at Interior

Deep-Dive Courses for When the Stakes Are Personal

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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.

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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.
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