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.

📬 A Personal Note from Shaun Southworth

As many of you know, I’ve made it my mission to show up every day for federal employees — breaking down legal updates, protecting your rights, and helping you navigate a system that’s constantly shifting. But I don’t do this alone.

I’m proud to introduce my co-leader in this work: Lydia Taylor, managing partner of Southworth PC and co-owner. With over 20 years of HR and legal experience — including leading a large public HR department — Lydia is one of the most emotionally intelligent leaders I know. She’s also been a driving force behind the inclusive, diverse, and equitable culture we’ve built at our firm, including our support for remote work done right.

While I’ll continue to lead on daily updates and strategy, we’ve created an intentional space for Lydia to share her own insights — particularly around how current federal policies are impacting Black professionals and other communities often left out of the conversation. She won’t post as often given how we split our roles to help federal employees (but like everything this could change), but when she does, her voice will be sharp, grounded, and essential. And, just like I speak on mindfulness, she is going to bring some light to issues that are important to her communities, while being a strong advocate for all federal employees.

If you are interested, please help us push back on the anticipated anti-federal employee noise by following Lydia on TikTok, LinkedIn, and Instagram before the trolls arrive at:
👉 fedlegalhelp.com/lydia

Lydia and I speak differently — by design and by being our authentic selves— but we’re aligned in our shared mission: to protect and empower federal employees across this country.

Thanks for being part of it,
— Shaun

Top Three News Stories:

1. OPM’s “Merit” Hiring Plan Takes Shape

The Office of Personnel Management unveiled a 31-page implementation memo on May 29 that blends long-discussed, bipartisan “skills-based” reforms with a far more controversial essay test asking applicants how they would advance the President’s executive orders.  The directive also orders agencies to stop collecting or publishing demographic data on their workforces and to end applicant self-assessments.  OPM leaders argue the plan will shorten hiring timelines and better vet technical talent, but career HR officials warn it may slow hiring and invite litigation over viewpoint discrimination. Government Executive

Legal Insight:

Requiring candidates to pledge support for policy priorities risks violating 5 U.S.C. § 2302(b)(10), which bars conditioning employment on political affiliation or beliefs.  Eliminating demographic tracking could also undermine agencies’ affirmative-action obligations under Title VII and EEOC Management Directive 715.  Agencies should prepare for equal-employment and First-Amendment challenges while seeking clarification from OPM on how to reconcile the memo with existing statutory “merit system principles.”

2. Retirement Bill’s Latest Draft Rewrites—But Doesn’t Erase—FERS Cuts

A House amendment released May 29 would still abolish the FERS annuity supplement, but pushes the effective date to Jan. 1, 2028 and grandfathers anyone already “entitled” to retire with the benefit on that date.  Proposals to base pensions on a “high-five” salary average and to raise employee contributions were dropped, easing the immediate budget hit to current workers.  The Congressional Budget Office estimates eliminating the supplement for future retirees could save $10 billion over 10 years. Government Executive

Legal Insight:

Because the bill adjusts only prospective benefits, it is unlikely to violate the Takings Clause, but employees within a few years of retirement now face a tangible loss.  Advising clients to document their eligibility and explore early-out authorities (VSIP, VERA) before 2028 is prudent.  

3. MSPB Has Lost Quorum-But Good Legal Options Remain

The Merit Systems Protection Board confirmed on May 29 that it has been without a quorum since April 9, leaving Acting Chair Henry Kerner as its sole member.  Administrative judges continue to issue initial decisions, but the Board cannot finalize petitions for review, meaning disputed cases stall and the backlog begins to grow—echoing the 2017-2022 impasse that left 3,800 cases waiting.  Employees may instead let an AJ’s decision become final and then appeal directly to the Federal Circuit, while agencies lack that option.  Federal News Network

Legal Insight:

Counsel should weigh the strategic value of petitioning for review versus heading straight to court, balancing speed against the Federal Circuit’s high reversal threshold.  Agencies must remember that AJ decisions become precedential if neither side appeals, potentially shaping doctrine in whistleblower and RIF matters.

Mindful Moment of the Day: