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The Federal Employee Briefing for October 9, 2025

Oct 09, 2025
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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. On Tuesday, the Trump Admin Said Furloughed Feds Were Not Guaranteed Back Pay. On Wednesday, it Sent Notices Saying They Were

The administration reversed course after floating a narrow legal reading of the 2019 back pay law, with agencies (including IRS) sending furlough notices that explicitly reference guaranteed back pay under the Government Employee Fair Treatment Act of 2019. The article notes bipartisan pushback to OMB’s earlier stance and cites language from the employee notices promising payment “on the earliest date possible after the lapse ends.” The change came as IRS and other agencies began broader furloughs due to the ongoing shutdown. For federal employees: your furlough notice should state you will receive retroactive pay once the shutdown ends—keep a copy of that notice and any related communications. Nextgov

Legal Insight:

The 2019 law generally requires back pay for furloughed and “excepted” employees after a lapse ends. Keep your furlough letter, do not work off the clock, and follow agency instructions for orderly shutdown tasks only. If your notice lacks back-pay language or you’re told to perform unpaid work, document it and raise the issue with your supervisor or union. Because interpretations can shift and disputes may arise, consider consulting counsel if your rights appear at risk.

2. IRS Shutters ‘Most Operations,’ Furloughs Employees as Shutdown Continues

IRS said “most operations are closed,” began an agency-wide furlough, and posted instructions for employees as shutdown contingency funding ran out. Updated Treasury/IRS plans indicate roughly half the workforce would remain excepted or exempt, with employees allowed up to four hours to complete orderly shutdown tasks. IRS notices reiterated that furloughed and excepted staff will receive back pay after the lapse ends. For federal employees: monitor the IRS employee emergency page, complete only permitted shutdown tasks, and retain your furlough letter; look into state unemployment eligibility if needed. Federal News Network

Legal Insight: 

During a shutdown, you must stop performing non-excepted duties and avoid using government equipment beyond the limited purposes your agency authorizes. Save all written instructions and keep a personal log of dates and communications. If you’re directed to work without pay, raise it promptly with management or your union and keep records. For questions on unemployment, benefits changes (e.g., FEHB/TSP), or potential RIF overlap, seek specific advice from your HR office or an attorney.

3. Federal Employee Appeals Board Gets Quorum After Senate Confirms New Member

The Senate confirmed James Woodruff to the Merit Systems Protection Board, restoring a quorum after months without one. Lawmakers also introduced the Fair Access to Swift and Timely Justice Act to allow employees to sue in federal court if MSPB delays cases beyond 120 days. With MSPB operations paused by the shutdown, the quorum positions the Board to resume issuing decisions once funding is restored. For federal employees: if you have an adverse-action or RIF appeal at MSPB, expect the Board to be able to issue final decisions again after the shutdown; track your case status and deadlines. Government Executive

Legal Insight:  

A functioning MSPB means appeals can move from administrative judge decisions to Board review and final orders. Keep your timelines current (filing windows, petitions for review) and save all filings. If your case is stuck or you think new legislation could affect your options, talk with your representative or counsel about strategy. When MSPB reopens, deadlines may restart or be recalculated—don’t assume extensions without written notice.

Mindful Moment of the Day: 

Document-Review Sensory Anchor 

While scanning records, keep part of your awareness on a physical sensation—feet on the floor, pen in hand, or the feel of your chair. This dual awareness acts as a buffer against emotional hijacking. You stay present with the facts without absorbing their emotional weight. Your documentation will be cleaner and more objective. 

Legal Tip of the Day:

Travel Reimbursement Time Limits

Most agencies require submission of travel vouchers within five workdays of trip completion. Late vouchers can lead to denial of incidental expenses and draw audit scrutiny. Keep digital copies of receipts in a single folder to streamline filing. Lost documentation is the top reason reimbursements are offset or delayed—prompt filing keeps budgets clean and stress low.

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.
    👉 Enroll Here

  • 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:

OMB Memo Challenges Federal Back Pay Guarantees

Shutdown RIF Threats Ease—for Now


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

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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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The Federal Employee Briefing: Your Trusted Guide in Uncertain Times

Stay informed, stay prepared. The Federal Employee Briefing delivers the latest on workforce policies, legal battles, RTO mandates, and union updates—helping federal employees navigate rapid changes. With job security, telework, and agency shifts in flux, we provide clear, concise insights so you can protect your career and rights. Get expert analysis on what’s happening, why it matters, and what you can do next—delivered straight to your inbox.
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