Dismissal of Class Action Suit Against OPM Resulting from Data Breach Appealed
In a consolidated multidistrict class action against the Office of Personnel Management following a severe data breach of OPM’s cybersecurity that affected millions of federal employees and former federal employees, federal employees and the union alleged gross negligence and a violation of constitutional rights to informational privacy, but the United States District Court for the District of Columbia dismissed the case on September 19, 2017. On October 12, 2017, the employees appealed the dismissal to the United States Court of Appeals for the D.C Circuit.
Oversight Ranking Member Investigating Interior Dept. Reassignments
Congressman Elijah Cummings (D-MD), the Ranking Member on the House Oversight and Government Reform (OGR) Committee has announced an investigation into the Department of Interior’s reassignment of roughly one-fifth of the agency’s Senior Executive Service (SES) employees.
Supreme Court Grants Certiorari to Decide Whether Union Fees for Non-Member Public Employees Violate First Amendment
On September 28, 2017, the Supreme Court granted certiorari to consider whether agency fee arrangements imposed by public unions on non-member public employees are constitutional.
House Budget Committee Report Highlights Threats to Federal Benefits
A report from the House Budget Committee on the House version of republicans' proposed budget resolution provides a clear glimpse of how impacted federal employees could be, under a "worst case scenario."
Professional Liability Insurance for Federal Managers
There is inherent risk in everyday federal management decisions.
Lankford Bill Would Increase VSIP Payments for First Time in 15 Years
A bill introduced last week by Senator James Lankford (R-OK), the Voluntary Separation Incentive Payment Adjustment Act of 2017 (S.1888), is slated for markup by the Senate Homeland Security and Governmental Relations Committee (HSGAC). Lankford serves as chairman of HSGAC’s Subcommittee on Regulatory Affairs and Federal Management.
FAA Reauthorization Measure Fails in House
A bill intended to provide short-term funding for the Federal Aviation Administration (FAA) failed to get the necessary votes for passage yesterday.
We the Podcast People
This week on FEDtalk, we are excited to host two prominent figures in the world of podcasting, both of whom have started new projects focusing on the U.S. Constitution.
Court of Appeals Reverses Dismissal of Whistleblower Case by MSPB
The United States Court of Appeals for the Federal Circuit reversed the MSPB’s dismissal of a Department of Homeland Security employee’s Individual Right of Action (“IRA”) whistleblower retaliation appeal.
Senate NDAA Includes MGT Act Language Modernizing Federal IT
The third round of Senate amendments to the National Defense Authorization Act (NDAA) – the major appropriations bill setting spending levels for the Department of Defense – will include language from the Modernizing Government Technology (MGT) Act, a bill that would seek to provide the funding necessary to enable agencies to modernize the technology on which they rely.
Trump Administration Will Not Prosecute Lois Lerner
This week, the Department of Justice announced that the Trump Administration still has no plans to prosecute Lois Lerner, the former director of the IRS’ Exempt Organizations Unit, who became the face of a public, contentious scandal in 2013.
Federal Government is No Place for At-Will Employees
For more than 100 years, the Federal Managers Association (FMA) has advocated excellence in public service and supported efforts to promote management and invest in the federal workforce.
Congress Faces Daunting Agenda In September
The White House has released the President’s Fiscal Year (FY) 2021 budget request complete with sweeping agency cuts and some new reorganization proposals. While the budget request rarely translates into law due to compromises in Congress, it does signal the president’s priorities for the year.
'We are in a Pre-9/11 Cyber Moment' Says NIAC
A new report released by the National Infrastructure Advisory Council (NIAC) has issued stark warnings regarding America’s ability to effectively harness its cyber capabilities.
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.”
Agencies Escape Sequestration this Year
Agencies can breathe a sigh of relief after the Congressional Budget Office confirmed its earlier findings that that discretionary spending will not force agencies to face sequestration in the final six weeks of the fiscal year.
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.
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.