Trade Association Urges Senate to Prioritize IT Modernization During Lame Duck
The Professional Services Council, an Arlington, Virginia-based trade association that represents hundreds of tech companies, sent a letter last week to Senators on both sides of the aisle, urging the Senate to take up the Modernizing Government Technology (MGT) Act of 2016.
Freedom Caucus Chair Criticizes Comey on Clinton Investigation
Chairman of the Freedom Caucus, Representative Jim Jordan (R-OH), criticized FBI Director James Comey’s decision to inform Congress of new information found in the investigation of Hillary Clinton’s use of a private email server.
Federal Circuit: Employees Entitled to Receive Only Salary of Position, Not Duties
The Federal Circuit Court of Appeals affirmed an MSPB decision finding that a GS-13 General Services Administration (“GSA”) employee who claimed that after a temporary promotion he continued to perform the duties of a GS-14 employee was not constructively demoted.
Hiring Freeze Would Cause Increased Delays at SSA for Social Security Claims
Under the House of Representatives’ funding bill, the Social Security Administration (SSA) would receive $772 million less than the $11.1 billion requested by President Obama, and the Senate’s bill would allocate $582 million less for the agency.
FMA and Congress Deliver Wounded Veterans a Well-Earned Benefit
Beginning November 5, 2016, managers have a new tool at their disposal to better accommodate our nation’s wounded veterans.
This Week on FEDtalk: How ICE HEROs Rescue & Protect Exploited Children
Many are surprised to discover the Immigrations and Customs Enforcement agency has a sizeable branch devoted to investigating online child exploitation crimes. Not only does this unit exist, but ICE also trains military veterans for elite analyst careers in this field via its Human Exploitation Rescue Operative (HERO) program.
Retired Feds to Receive Small COLA Increase
Federal retirees, who did not receive a cost-of-living increase last year, will see a modest adjustment of 0.3 percent in 2017.
Religious Compensatory Time Challenges for Managers
In a recent IG report, employee abuse of Religious Compensatory Time (RCT) at the EPA resulted in big payouts and potential additional payouts.
MSPB: “Convincing Mosaic” Not a Legal Requirement for Proof of Discrimination
The Merit Systems Protection Board (“MSPB”) clarified the legal requirements for proving an affirmative defense of EEO discrimination after the U.S. Court of Appeals for the Seventh Circuit affirmed that its use of the phrase “convincing mosaic,” considered a type of circumstantial evidence, was meant to be a metaphor, rather than a legal test.
Congressman Introduces At-Will Legislation for Feds
Rep. Todd Rokita (R-IN) is the most recent member of Congress to introduce legislation in search of accountability for wayward government employees. The Promote Accountability and Government Efficiency Act would make all federal employees at-will, eliminating the due process protections currently afforded to them.
MSPB Clarifies Constructive Suspension Jurisdiction
The Merit Systems Protection Board vacated an administrative judge’s dismissal of a constructive suspension case after finding that the employee nonfrivolously alleged that she lacked a meaningful choice of whether to go to work against her doctor’s orders.
MSPB Overrules Three Prior Decisions
A former employee’s second Uniformed Services Employment and Reemployment Rights Act (“USERRA”) appeal regarding an alleged hostile work environment was dismissed for lack of jurisdiction by the Merit Systems Protection Board as it found that re-litigating the issues on appeal was barred by the doctrine of collateral estoppel.
Congress is Cutting it Close on Spending Again
As the deadline to pass a Continuing Resolution (CR) fast approaches, legislators are debating how to advance a spending bill and prevent another government shutdown.
OPM Pushes for Death Benefits Increase
With Congress back for a brief period, the Office of Personnel Management (OPM) is pushing a legislative proposal to increase the current death gratuity rate for civilian workers killed on the job in addition to the funeral allowance allotted.
MSPB: Constructive Knowledge of Disclosures Can Be Contributing Factor to Retaliation
The Merit Systems Protection Board reversed the decision of an administrative judge, finding that actual knowledge of an employee’s protected whistleblowing disclosures is not the only way to show that the employee’s disclosures were a “contributing factor” for a personnel action.
No “Third Party Review” for Employee Suspended after Work-Related Criminal Accusation
A Department of Veterans Affairs employee who had been indefinitely suspended after a grand jury indictment related to the allegedly unauthorized closing of over 2,700 unresolved consults for medical care had his indefinite suspension upheld by the Merit Systems Protection Board.
New White House Report Warns of Sequestration
In a new report released by the White House, the administration cautioned that the House of Representatives’ version of the government’s discretionary budget for fiscal year 2017 could prompt the return of sequestration.
Tea Party Chairman to Again Push for IRS Commissioner Impeachment After Recess
As recess winds down and Congress prepares to return to Washington, Representative Jim Jordan (R-OH) and other members are pushing once again for the House to take up an effort to impeach IRS Commissioner John Koskinen.