The Federal Employee Briefing for October 1, 2025
Brought to you by Southworth PC—Attorneys for Federal Employees
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Top Three News Stories:
1. Here’s a Look at Federal Agencies’ Shutdown Contingency Plans
With hours to go before funding lapsed, Federal News Network compiled each agency’s official shutdown plan, noting OMB is not hosting them centrally this year and directing people to agency sites instead. The roundup highlights large differences in how many employees each agency would furlough versus keep working as “excepted” or “exempted,” and cites CBO’s estimate that roughly 750,000 feds could be furloughed daily. The piece underscores that plan details can change during a shutdown, and that some agencies haven’t posted updated documents. For federal employees, this means you should look up your agency’s most recent contingency plan directly and check whether you are “excepted/exempted” or subject to furlough, and what close-out steps you must take on day one. Federal News Network
Legal Insight:
During a shutdown, the Anti-Deficiency Act limits work by non-excepted employees; if you’re furloughed, you must stop working, including checking email, until recalled. If you are “excepted,” you must report as instructed and you are entitled to back pay once funding resumes. Review your agency’s plan for required close-out tasks, timekeeping, and points of contact; keep copies of any instructions you receive. If you receive conflicting guidance (e.g., being told to work while furloughed), request written clarification and consider seeking counsel due to potential ADA risk to supervisors.
2. Just 23% of Fed Workers Would be Furloughed if the Government Shuts Down, Under the Trump Administration’s Plan
GovExec reports the administration planned to furlough about 550,000 employees—around 23% of the workforce—while keeping 1.57 million on the job, a lower furlough share than in recent shutdowns. The analysis credits factors such as allowing the IRS to continue operations with Inflation Reduction Act funding and narrower DoD furloughs. Agencies warned that plans could change if the shutdown dragged on, and that some employees might be called back as “excepted” work expands. For federal employees, this means many of you may be directed to work without immediate pay; check your agency notice carefully and follow reporting instructions. Government Executive
Legal Insight:
If you work during a shutdown, you must perform only duties that your agency has deemed “excepted” or that are funded outside annual appropriations; keep your own notes on hours and tasks. Back pay for furloughed and excepted workers is guaranteed by statute after funding resumes, but overtime/comp time rules still apply. If you are told your position may be subject to a later reduction-in-force (RIF), that is a different legal process with advance-notice and appeal rights. If you receive a proposed RIF notice, note deadlines immediately and consider contacting your union or an attorney.
3. A Shutdown Will Slow Tech Modernization, Experts Warn
Nextgov/FCW details how a lapse would pause or slow agency IT modernization and cybersecurity projects, with contingency plans keeping only core cyber operations and mission-critical systems fully supported. Experts warn that shutdown planning itself diverts staff time and that restarting stalled work after a shutdown leads to timeline slips, contract disruptions, and talent loss. Several agency plans specify that websites will not be updated and non-mission-critical IT work will be scaled back to basic operations. For federal employees in tech or cyber roles, this means you may be excepted for limited support or furloughed from modernization tasks; expect reprioritization and delays even after reopening. Nextgov
Legal Insight:
If you are excepted for cybersecurity or critical IT, follow your plan’s scope limits and document any expanded duties you’re assigned. Contractors and CORs should verify stop-work or funding instructions in writing to avoid unauthorized commitments. Employees shifted off modernization projects should track missed milestones for later performance reviews and workload adjustments. If shutdown-related tasking raises safety or compliance issues, elevate concerns promptly and consider consulting counsel regarding whistleblower protections.
Mindful Moment of the Day:
Evening Reset for Peaceful Rest
At the end of a shutdown-heavy day, review the headlines or memos just once, then close your eyes for a four-breath cycle: inhale to “enough,” exhale to “rest.” Pair this with a mental image of placing the day on a shelf. This signals the brain to stop ruminating overnight. Sleep restores resilience, and tomorrow you’ll face updates with steadier perspective.
Legal Tip of the Day:
Deferred Resignation Program & Shutdown Interaction
Employees accepted into the Deferred Resignation Program (DRP) are treated identically to other federal employees during a shutdown—meaning they may be furloughed or excepted—and are entitled to retroactive pay only until their official separation date. Even if their resignation is “deferred,” a prolonged shutdown doesn’t extend their entitlement beyond their separation date.
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):
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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:
RIFs Continue During Shutdown: What Federal Employees Must Know
Partisan Pop-Up on HUD.gov Raises Legal Red Flags
Live Q&A — Saturday, 11 a.m. ET
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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.
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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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