One in five adults in the United States will experience a mental illness each year.[1] Federal and state laws require employers to provide reasonable accommodations to qualified employees who have a disability. These laws also ... Read More
MSPB Cements Whistleblower Protections for Feds Who Disclose Prior to Becoming either Applicants or Employees
The Merit Systems Protection Board (“MSPB”) recently cemented an important expansion of who is protected when making whistleblower disclosures under the Whistleblower Protection Act of 1989 (“WPA”). The WPA protects any employee ... Read More
Federal Circuit Finds that MSPB AJs are Not Principal Officers
After the Supreme Court issued its decision in Lucia v. SEC in 2018, a few federal agencies began presenting novel constitutional arguments in MSPB appeals – namely that the MSPB administrative judges (AJs) were improperly ... Read More
OPM Issues New Final Rule Rescinding Trump-Era Regulations that Prohibited Clean-Record Agreements
On November 10, 2022, the Office of Personnel Management (“OPM”) issued a new regulation rescinding various regulations implemented during the Trump Administration pertaining to agencies’ handling of proposed adverse actions, ... Read More
Understanding the New Virginia Whistleblower Protection Law
In July 2020, Virginia enacted its first comprehensive whistleblower protection law. Entitled the "Virginia Whistleblower Protection Law,” the law is a huge step for employees and provides protections consistent with other ... Read More
Inspector General Investigations: Know Your Rights
Most federal agencies have an Office of Inspector General (“OIG”) which serves numerous functions, including investigating alleged misconduct by federal employees. In doing so, OIG agents typically interview witnesses as well as ... Read More
The Merit Systems Protection Board is Back in Business – Here is What That Means for Federal Employees
In March 2022, the Senate confirmed two of President Biden’s three nominees to Chair the Merit Systems Protection Board (“MSPB” or “Board”), ending five years of paralysis. With two of three Board Member positions now filled, the ... Read More
Client Guidance: What to Expect After Court Reinstates Vaccine Mandate for Federal Employees
On April 7, 2022, the 5th Circuit issued a decision vacating the S. District of Texas January 21st preliminary injunction of the Executive Order mandating vaccines for all federal employees. The 5th Circuit remanded the case ... Read More
