The Federal Employee Briefing for October 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. FDA Glitch Marked 7,000 Employees as Furloughed, Causing Some Exempt Staff to Miss Pay
FDA said a payroll/timekeeping glitch mistakenly flagged more than 7,000 shutdown-exempt employees as furloughed, leading some to receive partial or missing pay. Internal emails described how staff should re-enter hours and how the agency will issue supplemental payments for those underpaid. HHS noted most FDA employees are “exempt” and normally paid from carryover funds during a lapse. For federal employees, this means check your timecard immediately, fix any errors in writing, and keep copies of all pay notices and submissions in case back pay or supplemental pay is needed. Union reps said the agency is working to correct the issue ASAP. Federal News Network
Legal Insight:
Document every pay error (screenshots, emails, timecards) and report it through your agency’s official channel; follow up in writing if the fix slips. If you’re marked AWOL due to a system error, respond promptly and ask to correct the record. Keep accurate time-and-attendance records to support FLSA/back-pay claims. If pay problems persist or you face discipline tied to the glitch, speak with your union and consider consulting counsel.
2. Lawmakers Decry Shutdown Layoffs and the Trump Administration’s Lack of Communication About Them
House Education and Workforce Committee Democrats urged OMB to reverse shutdown-era RIFs at HHS and Education and criticized agencies for sparse information on who was cut. The letter flags erroneous CDC terminations that were later rescinded and raises concern about impacts on programs like LIHEAP and CSBG. The story also notes a federal judge has temporarily blocked many shutdown layoffs and highlights a possible Hatch Act issue in an Education auto-reply. For federal employees, this means watch for rescissions or status changes and verify whether your notice is covered by the TRO; keep every notice and email. Government Executive
Legal Insight:
If you received a RIF notice, request your retention data (tenure, veterans’ preference, performance ratings) and ask in writing whether the TRO pauses your timelines. Preserve all documents; errors can change outcomes. If directions conflict (e.g., “report” vs. “stayed”), escalate in writing through HR and your union. Where your rights are unclear or deadlines are near, consider consulting counsel.
3. CBP Expands Facial Recognition for Non-Citizens at Borders
A DHS final rule authorizes CBP to require biometric collection (including facial comparison) from all non-citizens upon exit, expanding pilots already used at dozens of airports. U.S. citizens may opt out; DHS says photos of citizens are retained briefly while non-citizen images are stored in DHS systems. The rule takes effect December 26, 2025, and aims to improve identity checks and detect overstays. For federal employees, this means CBP, DHS IT, and partner agency staff should prepare for training, system updates, signage/opt-out procedures, and reporting to comply with the new rule by the effective date. Nextgov
Legal Insight:
Emergency or not, new rules must be implemented as written; follow your component’s written instructions on configuration, data handling, and exceptions. Document training and any operational impacts while meeting deadlines. If you handle privacy or records, ensure retention and opt-out notices match the rule. When scope or exceptions are unclear, escalate quickly—compliance failures can trigger oversight.
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:
Contemporaneous Notes Beat Perfect Memory
In hearings, the most persuasive exhibit is often a timestamped email-to-self created the same day a hostile remark was made or an assignment was denied. Arbitrators and administrative judges regard such records as quasi-contemporaneous business entries, weighing them more heavily than reconstructed narratives. Maintaining a secure, date-stamped log—not on an agency device—transforms “he-said-she-said” into traceable evidence, tightening settlement leverage long before subpoenas ever fly.
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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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.
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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.
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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.
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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:
Intentional Calm: Two Daily Habits to Steady Federal Workdays
Federal Shutdown 2025: Survival Steps and Legal Protections
Shutdown RIFs and the Human Cost of Uncertainty
The Fed Legal Help Insider — Coming Soon!
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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Request accommodations confidently with step-by-step videos, professional templates, and mindfulness tools.
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Federal Employee RIF Masterclass: Protect Your Future
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Secure your career during a Reduction in Force (RIF) with clear video lessons, actionable checklists, and stress-management techniques.
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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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