The Federal Employee Briefing for May 28, 2025
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. OPM’s “Schedule Policy/Career” Rule Nears Next Stage after Comment Surge
The public-comment window on OPM’s April 23 proposal to re-classify as many as 50,000 policy-influencing positions into a new “Schedule Policy/Career” category closed on May 23. The rule would let the White House remove those civil servants with far fewer procedural protections, reviving—under a new name—the 2020 “Schedule F” system. Unions and bipartisan members of Congress submitted thousands of objections, arguing the change would politicize the career service, while supporters say it is needed to ensure accountability. OPM must now review the comments and decide whether to issue a final rule, revise it, or withdraw the proposal. Ballotpedia
Legal Insight:
Reclassifying competitive-service jobs into Schedule Policy/Career relies on the Civil Service Reform Act clause that exempts “confidential or policy-determinÂing” positions; challengers will argue the draft rule stretches that language beyond congressional intent. Because terminations could occur without the usual 30-day notice and MSPB review, employees are likely to file pre-enforcement suits alleging due-process and First-Amendment retaliation violations. Feds in affected series should preserve duty statements and performance records now in case they must prove their work is not “policy-advocating.”
2. NIOSH Layoffs Draw Lawsuit over Worker-Safety Risks
An April-noticed RIF at the National Institute for Occupational Safety and Health cut 85 percent of the agency’s 1,100-person staff, leaving only 328 later reinstated. Former and current employees warn the downsizing has stalled respirator approvals, mine-safety training and long-term hazard studies, heightening nationwide workplace risks. Labor groups including the AFL-CIO filed suit this month to restore the programs, calling the cuts politicÂally motivated and contrary to congressional mandates. The Guardian
Legal Insight:
Plaintiffs will rely on the Occupational Safety and Health Act’s duty to “assure so far as possible” safe working conditions; a court could order HHS to restore staffing if the layoffs make statutory compliance impossible. The case mirrors Judge Illston’s reasoning that wholesale workforce reductions undertaken without Congress can violate separation-of-powers, bolstering arguments for an injunction. For NIOSH employees, timely OSC disclosures about lost safety capacity could preserve whistleblower protections and strengthen any future MSPB claims of retaliatory RIFs.
3. DoD Scraps “What Did You Do?” Emails, Launches Mandatory Waste-Hunt Survey
After three months of weekly self-reporting emails, the Defense Department now is requiring every civilian employee to submit one idea for eliminating waste, rating its impact on a 1-to-7 scale. Acting personnel chief Jules Hurst says responses are due Wednesday and are mandatory even for staff just returning from leave. The prior five-accomplishment emails raised privacy concerns; critics fear the new survey could also expose sensitive operational data. Federal News Network
Legal Insight:
Mandatory disclosure of perceived waste could in some cases be protected whistleblower activity—any adverse action tied to an employee’s candid response could violate the Whistleblower Protection Enhancement Act. Employees should answer factually as necessary, omit classified details, and keep a copy of their submission in case of future disputes.
Mindful Moment of the Day:
Sensory Corridor Walk
Between conference rooms—or simply between desk and coffee machine—choose one sense to foreground. If it’s hearing, notice layers: the hum of HVAC, distant printers, your own footsteps. By allowing attention to stay tethered to raw sensory data, you train the mind to drop speculative story-lines (“Will IT ever fix that ticket?”). Heart-rate-variability studies link these 30-second sensory immersions to quicker recovery from adrenaline spikes, giving you a physiological cushion when the next sudden deadline lands.
Legal Tip of the Day:
Ask for Performance Feedback Before It Finds You
An unscheduled “counseling session” can feel like an ambush, but quarterly self-initiated check-ins redirect the narrative. Email your supervisor: “I’d appreciate any guidance on how I’m tracking against our goals.” The written request shows initiative, creates a timestamp establishing you sought clarity, and gives you a paper trail if metrics suddenly shift. Many disputes fade when expectations are clarified in real time instead of retroactively in a PIP.
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:
Federal RIF Injunction Halts June Layoffs—for Now
A Warning Wrapped in Policy Shifts
Preliminary Injunction Freezes RIF Actions Across Federal Agencies
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.
👉 Buy Now
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.
👉 Enroll Today
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
|
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.
Responses