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. How a Government Shutdown Impacts Federal Pay and Benefits

Federal News Network lays out how a shutdown would affect federal employees: roles are categorized as “excepted,” “exempt,” or “furloughed,” which determines whether one works, whether pay is withheld until the shutdown ends, or whether one is entirely furloughed. Those in the Deferred Resignation Program (DRP) are treated like all others and are owed backpay only until their formal separation date. Health and life insurance, Thrift Savings Plan (TSP) operations, and FEHB (Federal Employees Health Benefits) coverage continue during a shutdown, though premiums may be collected later. For federal employees, this means you should verify your category, understand how your benefits and premiums may be handled, and prepare for possible delays in retirement or processing. Federal News Network

Legal Insight:

Your classification (excepted, exempt, or furloughed) is key to knowing if you must work and when you get paid. Always ask for written confirmation of classification and instructions from your agency. Keep complete records of any memos or communications about shutdown status or benefits. If an agency misclassifies you or delays your entitlements, contact your union or legal counsel promptly about potential appeals or corrective action.

2. Are FLRA, OSC, MSPB ‘Functionally Impaired’?

A federal judge’s recent ruling criticized federal agencies such as the Office of Special Counsel (OSC) for conflicting leadership and called into question whether the Merit Systems Protection Board (MSPB) and the Federal Labor Relations Authority (FLRA) can reliably process federal employment disputes. The court observed that these agencies are “functionally impaired” due to lack of quorum, disrupted leadership, or shifts in policy focus. This development may alter how or where federal employees can seek redress for personnel grievances or alleged prohibited practices. For federal employees, it means that long‑standing administrative appeal pathways could be less dependable, and new court strategies may emerge for challenging agency actions. Federal News Network

Legal Insight: 

The traditional route for challenging adverse personnel actions is through MSPB or OSC, depending on the issue. At Southworth PC, we believe the MSPB and OSC channels are still function in an acceptable manner, but there have been certain limitations. When those agencies lack full functioning capacity, it is more important than ever to file timely appeals or complaints and retain all documentation. Understand your appeal deadlines (e.g., 30 or 60 days) and whether your claim is discrimination‑based (which may allow alternative paths). If you’re unsure whether to proceed administratively or in court, consult legal counsel early to evaluate your best strategy.

3. More Agencies Now Continuously Vet Staff via Trusted Workforce 2.0

Several agencies, including IRS and the Veterans Benefits Administration (VBA), are enrolling non‑sensitive public trust employees in the Trusted Workforce 2.0 continuous vetting program, which replaces periodic background reinvestigations with daily or automated monitoring of records. The system monitors financial activity, criminal records, travel, insider threat flags, and other risk indicators. According to internal memos, IRS is onboarding non‑sensitive public trust employees automatically, and VBA is already rolling out the automated system. For federal employees in affected roles, this means you should stay aware of your background records, credit, travel history, and any issues that may trigger flags under continuous evaluation. Federal News Network

Legal Insight:  

Continuous vetting means new risks for flagging that may impact security or trust determinations—issues that once only came up during scheduled reinvestigations may now arise in real time. This may lead to actions based on suitability concerns which have been previously limited to certain times. Always keep your personal records (financial, legal, travel) clean and accurate. If you are notified of a derogatory finding, ask for full explanation and your rights to respond. Document all communications and, if needed, engage counsel to challenge unjust or mistaken vetting actions.

Mindful Moment of the Day: 

Two-Window Eye Relief

When toggling between tasks, pause every 20 minutes to focus on a far-off object for 20 seconds. This relaxes the tiny ciliary muscles in your eyes, which strain under constant screen work. It also resets visual processing for sharper attention. Sharper eyes mean fewer overlooked details.