The Federal Employee Briefing for October 8, 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. OMB Pares Back Shutdown FAQ Language on Back Pay
OMB quietly revised its “lapse in appropriations” FAQ to remove language that previously referenced the 2019 Government Employee Fair Treatment Act, guaranteeing retroactive pay to both furloughed and excepted employees after a shutdown. OPM’s separate guidance still says furloughed workers “will be paid retroactively as soon as possible” once the lapse ends, and lawmakers of both parties criticized OMB’s change. The update increases uncertainty for furloughed employees while the administration considers a narrower legal interpretation of the 2019 law. What it means for federal employees: if you are furloughed, plan for possible delay or dispute over back pay, even though the 2019 statute has historically been applied to guarantee it; keep close watch on agency and OPM updates. Government Executive
Legal Insight:
The 2019 law has been treated as guaranteeing back pay in past shutdowns, but OMB’s recent edits and reported draft opinion introduce risk. Save pay stubs and any notices you receive, and document your furlough status and dates. Do not perform unpaid work while furloughed (including checking work email) unless explicitly excepted and directed in writing. If you’re told you may not receive back pay or are pressured to work off the clock, speak with your union or consult counsel about options, including potential claims.
2. Agencies Brace for Broader Furloughs as Shutdown Continues
With the shutdown stretching on, multiple agencies are revisiting contingency plans and preparing additional furloughs. Reporting highlights internal discussions at GSA about phased furlough waves and notes IRS and National Park Service operational impacts as carryover funds dwindle. The article also situates these moves amid uncertainty over back-pay guarantees. What it means for federal employees: expect potential new or expanded furlough notices—monitor official messages, verify your excepted/furloughed status, and keep personal contact info current so you receive instructions promptly. Federal News Network
Legal Insight:
Furloughs are not performance-related and should come with written notice stating your status and rules (e.g., no work while furloughed). Follow your agency’s orderly-shutdown steps and retain copies of any notices or timekeeping instructions. If your funding source changes (e.g., carryover/no-year funds), you may see status changes—ask for updated written direction. If you receive conflicting directions or are asked to work while furloughed, pause and seek clarification in writing; consider contacting a representative or attorney.
3. OPM Director Outlines Plan to Recruit Tech Talent as Freeze Nears End
OPM Director Scott Kupor says technology hiring is his top priority and hints at a forthcoming tech-hiring initiative as a government-wide hiring freeze is slated to lift mid-October. Months of workforce cuts and the current shutdown complicate the recruiting picture, but OPM is signaling future demand for early-career and “cutting-edge” skills. The piece also notes significant losses in tech teams across government this year. What it means for federal employees: tech-skilled feds and applicants should watch for OPM announcements and USAJOBS postings; agencies may begin planning for targeted hiring once funding resumes. Nextgov
Legal Insight:
If you were separated or received a RIF notice, explore priority placement programs (CTAP/ICTAP) and agency reemployment options when hiring resumes. Keep your USAJOBS profile and resumes updated now so you can apply quickly when postings open. If you’re on detail or limited-term status during the shutdown, confirm how your appointment type affects eligibility and timelines. For individualized strategy—especially after a RIF, probationary termination, or adverse action—consider consulting counsel.
Mindful Moment of the Day:
Policy-Debate Pausing
In heated policy discussions, wait one full breath before responding. This tiny delay lets your prefrontal cortex engage, avoiding reactive or defensive remarks. Your questions and comments will land with more precision. The conversation stays anchored in facts instead of escalating into conflict.
Legal Tip of the Day:
Hatch Act Boundaries
As a federal employee, you may donate to campaigns and attend rallies on personal time and away from the workplace. You may not use your official title or authority to influence others regarding partisan political activity. Political activity while on duty, in a federal building, or using official resources (including email/devices) is prohibited—this includes displaying partisan buttons or screensavers at work. When in doubt, keep your federal role separate from political expressions and ask your ethics/Hatch Act officials before posting or participating.
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:
AFGE Lawsuit Over Partisan OOO Messages: A First Amendment Test
Hatch Act Complaints Surge After Shutdown: Why Reporting Still Matters
Understanding Telework as Reasonable Accommodation
Federal Shutdown: Furloughs Set to Expand as Carryover Funds Run Out
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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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