Federal Employees

News & Analysis as of

Supreme Court Update: Order List November 2016

The Court has been relatively quiet since our last missive—we're still waiting for the first signed opinion of the term—but we suspect your minds have been focused on other branches of government over the last few weeks...more

Considerations When Hiring Legislative Branch Employees

With the 114th Congress drawing to a close, a number of officials will leave the legislative branch for new opportunities. This transition allows the private and nonprofit sectors to recruit seasoned professionals with recent...more

White House Remarks of EEOC Chair Jenny R. Yang On Employment of People With Disabilities in the Federal Government

It is an honor to be here with all of you to celebrate the hiring of over 100,000 people with disabilities into the federal government. Through our collective efforts, we have met the goal President Obama set for federal...more

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised...

A federal employee’s objection to the appointment of a workplace violence investigator was valid, the Occupational Health and Safety Tribunal Canada has decided, because the investigator was not “seen by” the employee as...more

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

Looking to Hire an Obama Appointee? What You Need to Know About the New OGE Rules on the Recruiting of Federal Employees

The U.S. Office of Government Ethics (“OGE”) has issued updated rules, which became effective August 25, 2016, on recruiting federal employees for private sector jobs. The revision comes at a time when many in the federal...more

Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed with Cause

At common law, a non-unionized employee may be dismissed without cause or reasons if he or she is given reasonable notice of termination or pay in lieu. However, for non-unionized federal employees, the Supreme Court of...more

Flexibility Offered for Deferred Compensation Plans of Tax-Exempt Organizations, Government Agencies

The U.S. Treasury Department has issued two sets of proposed regulations, under Sections 457 and 409A of the Internal Revenue Code, relating to deferred compensation plans of state and local governments and tax-exempt...more

Supreme Court Decides Simmons v. Himmelreich

On June 6, 2016, the Supreme Court of the United States decided Simmons v. Himmelreich, No. 15–109, holding that the judgment-bar provision of the Federal Tort Claims Act (FTCA) does not apply to claims dismissed for falling...more

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...more

Resignation triggers clock start for filing constructive discharge claims

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Supreme Court Decides Green v. Brennan

On May 23, 2016, the Supreme Court of the United States decided Green v. Brennan, No. 14-613, holding that a constructive-discharge claim accrues — and the limitations period begins to run — when the employee gives notice of...more

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

Louisiana Governor Institutes Sexual Orientation and Transgender Protections for State Workers and Contractors

On April 13, 2016, Louisiana Governor John Bel Edwards signed Executive Order No. JBE 2016-11 prohibiting discrimination or harassment by Louisiana state agencies against individuals based on their sexual orientation or...more

EEOC Proposes Revised Affirmative Action Rules for Federal Agencies and their Obligations to Disabled Employees

The EEOC recently published a Notice of Proposed Rulemaking clarifying federal agencies’ affirmative action obligations under Section 501 of the Rehabilitation Act of 1973. Section 501 requires federal agencies to establish...more

EEOC Announces 2016 Federal Training Courses

New Courses Added on Special Emphasis Program Manager & Unlawful Harassment - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC), Office of Federal Operations (OFO), today announced the issuance of the...more

Hacker has possession of 9,000 Department of Homeland Security employee information through social engineering and threatens to...

Boasting on a Twitter account, a hacker has claimed that he accessed over 9,000 Department of Homeland Security employees’ demographic information, including names, email addresses, telephone numbers, and titles....more

The White House Announces a New Agency for Background Checks

On Friday, the White House announced, after a 90 day suitability study, that background checks and security clearances for federal employees and federal contractors will be handled by a newly created agency. The new National...more

OPM, Ban the Box and Background Checks

On December 15, the Office of Personnel Management (OPM) published in the Federal Register a notice listing its priorities. Under “Suitability” on page 77883 of the Federal Register, OPM states that they will be “proposing...more

President Obama's Order "Banning the Box" for Federal Employees is an Important Reminder to All Employers to Implement Hiring Best...

Last month, President Obama announced a new mandate to the federal government's human resources department to "delay inquiries into criminal history until later in the hiring process."  ...more

Hacker arrests and prosecutions update

We previously reported that alleged Ukranian hacker Sergey Vovnenko, also known as “Flycracker,” “Fly” and “Darklife” was extradited from Italy, arrested and charged in New Jersey federal court for his part in disbursing the...more

Pittsburgh Paid Sick Leave Act Goes Into Effect January 11, 2016

The City of Pittsburgh recently became the second city in Pennsylvania to enact a paid sick leave law, with Mayor William Peduto signing the Paid Sick Days Act into law on August 13, 2015.  While the Act is facing legal...more

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