Top Federal Watchdog: White House Has Not Explained Use of Ethics Waivers
From the Hill FEDmanager From the Hill FEDmanager

Top Federal Watchdog: White House Has Not Explained Use of Ethics Waivers

In a recent letter from the Office of Government Ethics – the federal government’s top watchdog – the agency’s acting director noted the White House had provided minimal guidance pertaining to the Trump administration’s “oversight and implementation of Executive Order 13770, which establishes an ethics pledge for certain executive branch appointees, including White House personnel.”

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Federal Circuit: Employees Under Investigation Can Still Be Comparator Employees
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Federal Circuit: Employees Under Investigation Can Still Be Comparator Employees

The United States Court of Appeals for the Federal Circuit overturned an arbitrator’s decision sustaining the employee’s removal for violating the agency’s time and attendance policies after finding that the arbitrator erred by imposing a “categorical rule of exclusion” against using employees who are similarly situated and under investigation as comparators when arguing that a penalty is not reasonable.

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Sixth Circuit Rules that Feds Can't Collect Twice
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Sixth Circuit Rules that Feds Can't Collect Twice

On July 10, 2017, the United States Court of Appeals for the Sixth Circuit ruled that because liability under the workers’ compensation scheme for federal employees, the Federal Employees’ Compensation Act (“FECA”) is “exclusive” of “all other liability of the United States” to the employee under tort liability statutes, the plaintiff could not recover under the Federal Tort Claims Act (“FTCA”) even when his “work-related injury [had] been allegedly negligently treated by an entirely non-work-related federal hospital.

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Appeals Court Affirms Dismissal of COLA Dispute
Case Law Update James G. Heelan Case Law Update James G. Heelan

Appeals Court Affirms Dismissal of COLA Dispute

After a $232,500,000 settlement agreement was executed in 2000 that also mandated that the United States Office of Personnel Management issue new regulations governing the Cost of Living Adjustment (“COLA”) program, plaintiff federal employees filed suit alleging that the government breached the settlement agreement and both the express and implied covenant of good faith and fair dealing.

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