The Federal Employee Briefing for September 5, 2025
Brought to you by Southworth PCâAttorneys 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 dayâs 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. OPM Preview: Big Rule Changes for RIFs, Discipline, and Appeals
The administrationâs first unified regulatory agenda of the new term outlines several proposals that would reshape civil-service rules. OPM says it will propose a rule to prioritize performance over length of service in RIFs and to streamline the RIF process and appeals. A separate employee accountability NPRM would shorten opportunities to improve, reduce progressive discipline requirements, and limit settlements that scrub actions from personnel files. FLRA also signaled process changes, and GSA plans travel/property rule updates aligned with White House priorities. Agencies must still follow the notice-and-comment process before any changes take effect. Government Executive
Legal Insight:
Rules arenât final until published and effective, so watch the NPRM text and comment deadlines. If youâre in a shop facing cuts, keep your performance plan, ratings, and RIF noticesâthey determine retention standing. Supervisors should document performance decisions tightly; employees should save copies of proposal/decision letters and settlement language.
2. OPM Sketches 2026 Pay Plan: Special Salary Rate for Law Enforcement
OPM detailed how it will deliver the Presidentâs plan for 2026: most GS employees would receive 1% (no locality increase), while selected law-enforcement roles would get an extra 2.8% via a special salary rate (SSR)âfor a total 3.8%. OPM listed candidate occupations (e.g., Border Patrol, ICE ERO/HSI investigators and officers, Secret Service, FPS, FBI and DEA agents, BOP correctional officers, U.S. Marshals, Park Police), with final eligibility to be set after agency consultations. SSR pay would start with the first full pay period of 2026 and still be subject to normal salary caps. Employee groups objected, urging parity for all feds. Government Executive
Legal Insight:
SSRs are basic pay and interact with overtime/LEAP and caps. Do not assume coverageâwait for your series/grade/duty station to appear on the final tables. If you change jobs or locations this fall, save your SF-50s and HR emails; eligibility often turns on those details. Managers should avoid promising outcomes until OPM posts official tables.
3. 33,000 Federal Employees Detailed to Assist ICE
A new analysis finds nearly 33,000 federal employees are now working to support ICEâs deportation operations; only about 15% are full-time immigration-enforcement staff. Roughly 20,000 detailees came from outside ICEâincluding DOJ components (BOP, DEA, FBI, ATF, U.S. Marshals), Stateâs Diplomatic Security, and even IRSâwhile DHS components (CBP, USCIS) also shifted thousands. Detail lengths vary from 60 days to indefinite, with roles ranging from case processing to arrests. The surge follows new hiring authorities and training prioritization for immigration enforcement. Government Executive
Legal Insight:
A detail changes who directs your work, not who employs you. Get orders in writing (tour length, duties, overtime/LEAP rules, travel reimbursement) and keep timesheets and approvals. If youâre deputized or given arrest authority, ask for written training/certification records. Save everything; paper trails matter for pay, safety, and later disputes.
Mindful Moment of the Day:
The 'Name & Reframe' Thought Exercise
When a difficult thought arisesââIâll never get through this backlogââpause and name it: âthatâs an overwhelm thought.â Labeling thoughts activates parts of the brain involved in regulation, not reactivity. Then reframe with something actionable: âIâll tackle one email thread at a time.â This technique gives you space between stimulus and response, and space is where resilience grows.
Legal Tip of the Day:
Overtime Claims Have DeadlinesâDo Not Let Them Slip By
If youâre working more hours than you're being paid for, you may be entitled to back pay under the Fair Labor Standards Act (FLSA) or other federal rules. But thereâs a catch: you generally only have two years to file a claim (three if the violation was willful). Some federal employees fall into âexemptâ categories but still qualify for compensation under Title 5 or agency-specific rules. Keep your own timesheets, note overtime approvals, and compare what youâre paid against what you worked. Small errors can add up to big amountsâand itâs your right to be paid fairly for your time.
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 youâregardless of your budget or your case's complexity. Take action today to protect your federal career and future.
In Case You Missed It:
VA Staffing Caps: What Federal Employees Need to Know
When Federal Grand Juries Say No: What It Means for Feds
FEMA Workforce Cuts Raise Alarms Ahead of Disaster Season
How Federal Employees Can Use Mantras to Regain Focus and Confidence
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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 fastâand 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. Weâre proud to stand with federal employeesâand weâre here when it matters most.
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