Federal Circuit Weighs FLSA Timeliness Requirements for Employee Pay During Government Shutdowns
The Department of the Army removed the appellant in September 2015 based on one charge of conduct unbecoming a supervisor. The charge was supported by two specifications.
The Board Reverses Administrative Judge’s Penalty Mitigation in Sexual Misconduct Case
The Department of the Army removed the appellant in September 2015 based on one charge of conduct unbecoming a supervisor. The charge was supported by two specifications.
The Board Mitigates Removal for Department of Defense Employee Charged with Stealing Cafeteria Food
In June 2014, the appellant, a Security Specialist at the Department of Defense, took an extra $5.00 worth of food from the agency cafeteria without paying for the additional food.
Federal Circuit Deems Family Medical Opinion Unlawful in Removal Case
In Johnson v. Air Force, the U.S. Court of Appeals for the Federal Circuit clarified that receiving external opinions on a proposed removal is a violation of the due process clause.
Due Process Concerns Dismissed in Removal for Failure to Maintain Employment Condition
The Merit Systems Protection Board (MSPB) clarified that federal employees may not have due process rights when it comes to the withdrawal of an employment-required condition.
Failure to Allege Protected Employee Disclosures Precluded MSPB Jurisdiction
In the recently decided Bishop v. Department of Agriculture, The Merit Systems Protection Board (MSPB) clarified the importance of establishing jurisdiction in whistleblower issues.
MSPB Asserts Jurisdiction in Select EOP Adverse Action Appeals
The Merit Systems Protection Board (MSPB) clarified its requirements in an appeal jurisdiction: (1) the appellant was an employee (2) subjected to an appealable adverse action.
Agency Insisted Employee Submit Health Records Indicating Condition's Lack of Threat
The Merit Systems Protection Board (MSPB) clarified that an employee’s absence resulting from a mental health condition does not, on its own, suggest that the employee is likely to do harm.
MSPB Overturns “Inflexible” Precedent Requiring Remand Consideration
In overruling Wynn v. U.S. Postal Service, the Merit Systems Protection Board (MSPB) set out factors for analyzing whether affirmative defenses have been waived or abandoned.
Federal Employee Appeals Board Explains Corrective Action Options for Term Appointees
The Merit Systems Protection Board (MSPB) has ruled that term appointees are not entitled to serve beyond the role expiration date, nor are they entitled to a permanent position as relief in a personnel action.
MSPB Overrules Itself to Clarify 'Douglas' Disparate Penalty Analysis
In Singh v. USPS, the Merit Systems Protection Board (MSPB) overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis.