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The Federal Employee Briefing for May 20, 2025

May 20, 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. OSC Retreats on Hatch Act Reforms, Reverting to the “Status Quo" 

On May 19, the Office of Special Counsel formally withdrew two high-profile 2024 advisory opinions that had expanded Hatch Act coverage to non-Senate-confirmed White House aides and barred contemporary political memorabilia in federal workplaces year-round. The new memorandum says those opinions “departed from long-standing precedent” and reinstates the pre-2024 rules, under which discipline of most political appointees again depends on presidential discretion and display bans apply only during active campaign periods. Ethics lawyers warn that the rollback weakens guardrails put in place after repeated violations by senior officials and could expose rank-and-file employees to selective enforcement while insulating political allies. Federal News Network

Legal Insight:

The OSC’s about-face revives the older reading of 5 U.S.C. §§ 7321-7326: campaign-related displays are forbidden only when both “on duty” and within the workplace during the election season. Career feds should still treat any partisan expression at work—even a coffee-mug slogan outside campaign months—as potentially risky, because individual agencies can impose stricter ethics rules. Non-career officials regain a procedural buffer: unless the President forwards a case to the MSPB, OSC can now do little more than notify the White House. Unions may lobby Congress to codify the rescinded reforms, but until then employees must rely on agency ethics offices for definitive guidance.

2. House Republicans Soften—But Don’t Scrap—Benefit-Cut Package  

Late Monday the House Rules Committee released a revised reconciliation bill that strips out the across-the-board increase of FERS contributions to 4.4 percent and delays both the “high-3-to-high-5” annuity switch and elimination of the FERS supplement until 2028. Carve-outs now shield law-enforcement and other mandatory-retirement cohorts, yet proposals to charge MSPB filing fees, force employees to trade civil-service tenure for lower pension costs, and audit FEHB eligibility stay intact. The measure passed the committee by a single vote and heads to the floor amid calls for still deeper cuts. Government Executive 

Legal Insight:

Because the bill rides the budget-reconciliation process, every surviving provision must clear the Senate’s Byrd-Rule test; purely policy-driven changes risk ejection unless the savings are clearly scored. Implementation would require new payroll coding to track dual FERS tiers, inviting impact-and-implementation bargaining and potential grievances over erroneous deductions. Grandfather clauses mean employees eligible for the supplement before January 1 2028 retain it, blunting takings-clause arguments but complicating class-action challenges. Those planning to retire in the next three years should document service dates and projected annuity components now in case grandfather status is disputed.

3. Fired Probationary Feds Move to Strike OSC’s Unsolicited Amicus Brief

Counsel for dozens of probationary employees terminated during this year’s mass firings asked the MSPB to reject an amicus brief the Office of Special Counsel filed without invitation, arguing OSC’s statutory authority to intervene unilaterally is limited to whistleblower matters. The contested brief asserts agencies have “very limited restrictions” when dismissing probationers, a position appellants say undermines their pending regulation-review petition. The motion underscores friction between OSC’s new leadership and advocates pressing the Board to declare the mass terminations unlawful. Federal News Network

Legal Insight:

If the Board concludes OSC acted without case, it could curtail similar policy briefs and reaffirm that 5 C.F.R. § 1203 lets MSPB—rather than OSC—police Government-wide regulations. A ruling for appellants could trigger reinstatement, back pay under the Back Pay Act, and other relief.

Mindful Moment of the Day: 

Green-Dot Gaze 

Locate one spot of greenery in your field of view—a potted plant, the tree outside the window, even the green in your agency’s logo—and let your eyes rest there for a full breath cycle. Vision researchers have shown that a ten-second gaze at organic shapes or the color green lowers pupil dilation and allows the sympathetic nervous system to idle down. In practice, auditors and analysts who punctuate long screen sessions with this “green-dot” ritual report fewer headaches and greater accuracy in late-afternoon edits, proving that restoration can happen right at the workstation. 

Legal Tip of the Day:

Keep Communications Professional and Fact-Focused 

The tone of your emails and chats becomes part of the official record. Adopt a habit of sticking to verifiable facts, avoiding speculation about motives, and saving emotional reactions for private reflection or a trusted advisor. When tensions rise, draft a response, step away for five minutes, then reread for clarity and civility before sending. Calm, fact-based correspondence not only strengthens your credibility if a dispute escalates but also lowers the likelihood that it will escalate at all. 

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:

Today on the blog we unpack:

Agencies May Sideline Unions After Court Revives Executive Orders

The RIF Freeze May End—What That Means for You

Was Your RIF Illegal? Red Flags Federal Employees Should Look Out For

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
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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.
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