Aug 8, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Examples of Military Discrimination in the Federal Workplace

Veterans deserve our utmost respect and gratitude for their sacrifices to protect our country. Unfortunately, stereotypes and prejudicial assumptions about servicemembers do exist, even among federal civilian employers. When veterans face targeted mistreatment in the workplace, it’s not just unacceptable—it’s illegal under federal law. This blog will cover what veterans should know about military discrimination in the federal workplace. We’ll discuss the laws that protect service members in the federal workplace and cover examples of veteran discrimination to watch out for. Protections for Veterans in the Federal Workplace Federal law grants military veterans a number of rights and protections when they return to civilian life. Let’s look at some of these protections specifically offered to veterans seeking federal civilian employment or reemployment.  Uniformed Services Employment and Reemployment Rights Act This federal law is the foundation of the protections against veteran workplace discrimination. The Uniformed Services Employment and Reemployment Rights Act (USERRA) bans all public and private civilian employers from discriminating based on an employee or job candidate’s past, present, or future military service. This means that it’s illegal to consider someone’s military service when it comes to employment decisions such as hiring, firing, promoting, extending benefits, and more. Under USERRA, certain service members can also receive other employment benefits. For example, if an eligible veteran leaves civilian employment to perform military service, they have the right to be promptly reemployed in their prior position when they return.  Americans with Disabilities Act and Rehabilitation Act Many veterans also enjoy protections under the Americans with Disabilities Act (ADA). The ADA prohibits employers from discriminating against qualified employees with a physical or mental disability. This includes discrimination against veterans with PTSD or other psychological impairments acquired through military service or otherwise. Although the ADA enforces these protections in the private sector, the Rehabilitation Act applies the same standards and rights to employees with disabilities in the public sector. It’s important to note that the ADA definition of disability is different from the standards used by the VA to assign disability ratings for service-connected medical conditions. Under the ADA, a disability is a mental or physical impairment that prevents someone from performing one or more “major life activities,” including: Veterans with medical conditions that interfere with these or other major life activities are entitled to reasonable accommodations from an employer. Reasonable accommodations can include a variety of alterations to the work environment that allow the veteran to fulfill their job duties despite their physical or mental limitations. Employers who refuse to consider requests for disability accommodations or retaliate against you for making such requests are violating federal law.  What Does Military Discrimination in the Workplace Look Like? Employment discrimination against military service members can take many forms. Some examples of veteran discrimination at work include: This is not an exhaustive list. Keep in mind that some discriminatory behaviors can be subtle and easy to overlook as part of regular workplace conflict. If you’re unsure whether you’re facing targeted mistreatment, it’s best to consult with an employment lawyer. Can a Protected Veteran Be Fired? If you’re an eligible service member, USERRA may prohibit your employer from firing you without cause for a period after you return to civilian work. This doesn’t mean that you can’t be terminated at all. It just means your employer must have a valid, business-related reason for dismissing you. Under USERRA, protected veterans who served for more than 180 days can’t be fired without cause for up to one year after their reemployment. For veterans who performed for between 30 and 180 days of service, this protection extends up to six months after you return to civilian work. Defending the Rights of Veterans in Public Service Targeted mistreatment of military service members in the workplace is just as illegal as discrimination due to sex, race, or religion. If you suspect that the mistreatment you face at work is motivated by your veteran status, contact an employment lawyer immediately. At the Federal Employment Law Firm of Aaron D Wersing PLLC, we’re proud to represent those who have served our country. Our attorneys know federal employment law and veteran discrimination protections inside and out, and we’re prepared to help you understand and exercise your legal rights. With years of experience advocating for federal employees, our legal team has the skill, integrity, and dedicated support to help you get the justice you deserve. Contact our office by phone or online to learn more and schedule a consultation. 

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Aug 6, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Overtime Rules & Regulations for Federal Employees

The right to overtime pay is one of the most cherished labor protections granted by federal law. Both public and private sector employees have the right to overtime pay for work done beyond their designated hours. However, government employees face a different and more complex set of rules around overtime under federal law than their private counterparts. Understanding these rules is essential to ensure your agency compensates you fairly for your work. In this blog post, we’ll explain the basic rules governing overtime pay for federal employees. We’ll also cover who is eligible for overtime, how rates are calculated, and what limitations apply to this compensation.   Understanding Federal Employee Overtime Rules Two laws govern how federal employees can receive overtime pay: the Fair Labor Standards Act and Title 5 of the U.S. Code of Federal Regulations.  The Fair Labor Standards Act (FLSA) is the major law that provides the foundation for wage, hour, and overtime rules many private and public employees enjoy today. All federal employees are assumed to be eligible for the rights and benefits of the FLSA unless they fall under one of the stated exemptions.  Federal overtime laws for salaried employees not covered by the FLSA are found under Title 5 of the U.S. Code of Federal Regulations.  Each law uses a different process to calculate a federal employee’s overtime pay. FLSA Overtime  Under the FLSA, nonexempt federal employees are eligible for overtime pay for time worked beyond the standard 40-hour workweek. Calculating FLSA overtime works differently for federal employees than private employees. For federal employees, overtime pay is a combination of: It helps to understand the terms “straight-time rate of pay” and “hourly regular rate of pay,” as these have specific meanings as used in these laws. Your “straight-time rate of pay” is your basic, employer-determined wage, e.g., $25.00/hour. By contrast, employees can calculate their “hourly regular rate of pay” by dividing the total compensation (special rate supplements included) they receive in a workweek by the number of hours they work in a week.  Why is there a difference between these two rates? Federal law entitles employees to premium pay rates for working on Sundays, nights, and under other special circumstances. FLSA overtime calculations consider the supplementary earnings from those hours when determining overtime for a given workweek. The DOL overtime rule works the same for nonexempt federal employees who aren’t paid hourly. Nonexempt salaried workers can determine their “straight time rate of pay” by simply dividing their annual income by 2,087 (the number of hours federal employees work in a year). Title 5 Overtime Under Title 5, federal workers exempt from the FLSA can receive supplemental compensation for “officially ordered or approved” hours beyond the 40-hour workweek. An employee’s Title 5 overtime rate depends on where they fall on the General Schedule (GS) payscale. Employees whose income falls below GS-10, step one, are entitled to receive time-and-a-half (1.5 times) their hourly pay rate for any overtime work. For example, an exempt federal employee whose hourly rate is $23.00/hour would be entitled to $34.50/hour for each hour of approved overtime.  Overtime for an employee whose income is above GS-10, Step 1 can go one of two ways: The employee will be paid whichever of these two rates is higher. What Is the Overtime Cap for Federal Employees? There are some limits to the amount of overtime certain federal employees can earn in a given pay period.  Under Title 5, a GS federal employee can’t receive so much premium pay that their biweekly rate would exceed whichever of the following is greater: This limit takes into account all forms of premium pay, not just overtime. For example, it includes Sunday premium pay, night pay, holiday pay, etc.  However, these limits only apply to GS employees earning Title 5 overtime, not FLSA overtime pay. Skilled Advocates for Federal Employees  Overtime pay is vital to ensure that employers compensate you adequately. If your employer does not pay your designated overtime, federal law gives you the right to pursue legal action. The Federal Employment Law Firm of Aaron D Wersing PLLC has spent years fighting for government employees who are denied rightful compensation and benefits. With deep knowledge of FLSA and Title 5, our attorneys are prepared to help you understand and assert your rights to fair pay. To learn more about how we can help you with an overtime-related dispute, contact our office today.

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Aug 6, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | MSPB

What Is a Reduction in Force for Federal Government Employees?

Downsizing, layoffs, restructuring, rightsizing, labor force adjustments, reduction in force—no matter what you call it, most employees know it means bad news. Many people use these terms interchangeably to refer to involuntary job cuts across an organization. However, for federal employees, a reduction in force (RIF) involves specific procedures that don’t apply to workers in the private sector. In this blog post, we’ll answer common questions about how downsizing works for federal employees, including: We’ll discuss what sets a federal RIF apart from layoffs or downsizing in the private sector and explain the rights and regulations involved.  Individuals laid off or affected by RIF qualify for unemployment benefits. If your contract includes severance pay, you are entitled to receive it. If you suspect wrongful termination, contact our office to schedule a consultation and review your legal options. What Is an RIF in Business? In the private sector, a reduction in force happens when an organization eliminates employment positions it no longer needs. A business that conducts an RIF permanently reduces its workforce, usually for financial reasons. An RIF often follows massive budget cuts, economic instability, or other major changes in business strategy. Sometimes, private employers offer severance packages to help ease the shock of termination, but this is not always the case. RIF vs. Layoff Many employees today use the term “layoffs” instead of RIF to describe a permanent reduction in the workforce. Although the two words refer to similar situations, they actually refer to different things. The primary thing that separates these two things is the potential for rehiring. Technically, a layoff is a temporary reduction in staff motivated by present budgetary or operational challenges. For example, a business that hires aggressively before the holiday season may discover that there’s not enough work to justify its current labor force in the off-season. As a result, they might choose to initiate layoffs with the intention of rehiring some employees in the future when demand rebounds. With an RIF, there’s no potential for rehiring by the same company. Once the position is gone, it’s gone. What Is an RIF for Federal Employees? At the most basic level, a federal RIF is very similar to a private sector RIF. In a federal RIF action, an agency decreases its total employment positions and permanently eliminates one or more employees. Situations when federal agencies could initiate an RIF include:  Unlike in the private sector, specific procedures govern how federal agencies conduct an RIF. The Code of Federal Regulations gives agencies the authority to make certain key decisions in the process, including: However, agency leaders don’t have total control over when it comes to which employees get terminated.  How Do Agencies Decide Who to Eliminate? Federal law requires agencies to use a designated RIF procedure to evaluate employees and determine who is eligible for retention, reassignment, or removal.  First, the agency will group employees under consideration into a competitive area category to limit the RIF process geographically and organizationally. Then, the agency separates workers into sub-groups. These “competitive levels” are composed of employees with interchangeable job duties, qualifications, and hours (e.g., full-time, part-time, etc.). This ensures that employees are evaluated against others with similar skills and responsibilities.  Now, the agency begins the process of evaluating each employee according to four retention regulations: Based on these factors, the agency will rank employees within their competitive level. Federal employees who rank higher in their regulation register are likely to stay in their role, while those closer to the bottom are at a greater risk of removal.  What Rights Do Federal Employees Have in an RIF? The complex regulations around a federal RIF can seem intimidating to employees. However, employees do have important rights throughout the process. These include: When your agency fails to respect these rights—or the rules involved in the retention evaluation process—you could have grounds for legal action. If you’re concerned about oversights or unfairness in your RIF process, contact a federal employment attorney immediately.  Passionate Advocates for Government Workers RIF procedures are complex for everyone involved. Unfortunately, agencies don’t always apply the proper care and consideration required when evaluating employees for removal. When your job is on the line, you deserve the support and oversight of a professional.  The Federal Employment Law Firm of Aaron D Wersing PLLC has spent years helping government workers understand and assert their rights in RIF actions and other employment disputes. Our attorneys have extensive experience with the unique complexities of federal employment law, from MSPB appeals to OPM disability applications. We’ve helped hundreds of federal employees protect their rights and regain their jobs. Contact our office today to learn more about how we can help you.

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Jul 8, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Common Reasons for Disciplinary Action for Federal Employees

When you’re a federal employee, even a single disciplinary action can be enough to leave you without a job or a future career in government. That’s why employees need to understand the unique structure of the federal government’s employee discipline system and the typical behaviors that can trigger penalties.  In this blog post, we’ll explain how discipline works for federal employees, outline some common reasons for disciplinary action, and discuss what to do if you’re facing an employer’s sanction. Types of Federal Employee Disciplinary Actions  The disciplinary process works differently for federal employees than for private-sector workers. Under federal employment law, disciplinary action refers to a formal penalty issued against an employee by their agency. The federal Merit Systems Protection Board (MSPB) is the main body that regulates and enforces these sanctions. Individual agencies may also take additional adverse actions against employees who fail to meet standards of conduct or performance. However, different procedural rules may apply in those situations.  Let’s look at the four types of disciplinary actions federal employees can face.  Letter of Reprimand A letter of reprimand is a formal notice from your employer intended to document an issue with your behavior or performance. Although it generally doesn’t impact your pay or status, a reprimand letter will be on your employee record. Unlike the other disciplinary actions, your boss doesn’t have to give you advance notice before it happens.  Suspension Suspended federal employees can’t work or receive pay. Suspension can be temporary (e.g., one week or one month) or indefinite. Employees may also be banned from using other employment privileges during this period. Demotion A demotion generally reduces rank, grade, or pay level within the federal system. In some cases, demotion could also involve reassignment to less favorable tasks as punishment for wrongdoing or misbehavior.  Termination It’s a common myth that federal employees can’t be fired. Unfortunately, this is far from true. Although termination is saved for the most severe cases of federal employee misconduct, it does happen. Unlike in the private sector, terminating a federal employee is generally an extended administrative process. Federal employees typically can’t be removed with a valid reason or “cause.” Employees also have the right to appeal through the MSPB.  Reasons for Disciplinary Action Against Federal Employees The reasons for federal disciplinary actions generally fall into two categories: performance issues and misconduct.  Performance  As in the private sector, many performance-related situations could lead a federal employee to experience disciplinary action. Examples can include: If the problem is severe enough, any of these could be a valid reason for a federal employee to lose their job. However, your agency will generally give you a reasonable opportunity to remedy your performance issue before removing you entirely. Misconduct Misconduct generally happens when an employee intentionally violates a rule, policy, regulation, or standard of conduct expected of federal workers. Common examples of misconduct that can lead to an employee disciplinary action include: This is not an exhaustive list. Many other purposeful violations of federal regulations can result in employee disciplinary actions. The specific action you’ll face depends on numerous factors, including the nature of your wrongdoing, your job role, and your disciplinary history. What to Do About a Proposed Disciplinary Action at Work Unlike private-sector employees, federal workers generally have the right to respond to and potentially reverse any proposed disciplinary actions. Here are some steps you can take if you’re facing employer sanctions: Federal employees facing disciplinary actions also have the right to representation from a lawyer. An attorney trained in federal employment law can provide valuable guidance when dealing with a proposed disciplinary action. A legal professional can review the charges and evidence against you and help you prepare a strategic response. They can also represent your case if you file an MSPB appeal. The Legal Advocate Federal Employees Trust   Receiving notice of a proposed disciplinary action can be confusing and intimidating. However, federal employees facing employer disciplinary actions still have rights. If you’re reeling in the wake of an employer’s sanction, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC. Attorney Aaron Wersing has spent years helping government workers understand and exercise their unique rights as federal employees. He’s helped hundreds of clients combat illegal retaliation, reverse suspensions, and resolve numerous other employment disputes. Contact our office today to learn more about how he can help you.

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Jul 5, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Disability

Anxiety Reasonable Accommodations for Federal Employees Nationwide

Some amount of stress is common in any workplace. However, employees who suffer from anxiety disorders often face challenges beyond everyday work-related stress. When significant anxiety prevents you from doing your job effectively, a reasonable accommodation can be a crucial way to get support. In this blog post, we’ll answer some common questions federal employees have about anxiety accommodations. Some topics we’ll cover include examples of reasonable accommodations, when you can get work-from-home accommodation for anxiety, and what to do if your employer denies your request. Is Anxiety a Disability Under the ADA? Yes, anxiety and related mood disorders can qualify as disabilities under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental condition that limits a person from engaging in major life activities, such as: Since many anxiety disorders—e.g., depression, agoraphobia, PTSD, OCD—affect all parts of a person’s life, they’re often treated as disabilities by the ADA. Some of the symptoms that people with anxiety disorders face daily include: Even if you manage your anxiety with medication or therapy, that doesn’t disqualify it from being a disability. If your disorder impairs your life when it’s active, then you’re eligible for reasonable accommodations under the ADA.  What Do Reasonable Accommodations for Anxiety Disorders Look Like? A reasonable accommodation is any change to the work environment that helps you manage your condition and perform your duties.  Here are some examples of reasonable accommodations for federal employees with anxiety disorders: The accommodations most helpful to you depend on your specific condition and how it impacts your work performance. For instance, some examples of reasonable accommodation for depression could include: Government employees can also access counseling and mental health support through federal Employee Assistance Programs (EAPs). Your agency may even have separate counseling staff and initiatives designed to help employees manage anxiety and other mood-related impairments.  How Do I Request a Reasonable Accommodation for Anxiety at Work? Requesting a reasonable accommodation is more straightforward than employees expect. To start the process, you must inform your employer that you need to change your work situation because of a medical condition. You don’t need a particular form to do this. You can even make your request verbally. However, it’s generally best to put your request in writing so that you have documentation of the process. In your request, you should explain in detail: Your employer may respond with questions or a request for certification from a doctor. From there, you’ll work together to identify the accommodations that can meet your needs without causing undue hardship to your employer. Depending on your employer’s resources, you may not be able to have your first choice of accommodation. However, under federal disability law, your employer must try to effectively address your limitations so that you can do your job despite your disability. Can I Request a Work-From-Home Accommodation for Anxiety? In some cases, federal employees can receive work-from-home accommodation for anxiety. Examples of when this might be appropriate could include situations when: Keep in mind: You may need a letter from a doctor to work from home due to anxiety. If your employer doesn’t typically have remote employees, they may want to confirm this is medically necessary before approving it. What Happens If My Accommodation Request Is Denied? First, reach out to your employer. Sometimes, your boss may simply need more information about your condition before approving an accommodation. In other cases, your first-choice accommodation might not be feasible for your employer. For example, if you are denied a reasonable accommodation to work from home, it may be because your job requires on-site tools or software you cannot access from a personal computer. You and your employer may have to negotiate for another arrangement that meets your needs. However, if your boss repeatedly rejects your requests and refuses to work with you to develop alternate options—it may be time to talk to a lawyer. A federal employment lawyer specializing in disability rights can evaluate the situation and assess whether your employer violated your rights. If this is the case, you could take legal action against your employer and potentially recover compensation for disability discrimination.  Defending the Rights of Federal Employees Employees who suffer from anxiety disorders know that they can be just as debilitating as a physical ailment. Don’t let a dismissive employer prevent you from exercising your legal rights. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, our mission is supporting and empowering government workers nationwide. With years of experience in cases spanning numerous federal agencies, attorney Aaron D. Wersing has the skill and insider experience to help employees assert their rights against discriminatory employers. Contact our office to learn more about your rights and how we can help you.

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May 29, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How Does Social Media Use Impact Federal Employment?

There’s no denying that social media has transformed the way we connect with loved ones and keep up with current events today. Many Americans don’t think twice about how and when they engage with social media sites—it’s just part of their daily routine. However, federal employees can’t be so cavalier. For government workers, sharing certain information or engaging in specific behaviors online can lead to severe professional and even legal consequences.  This blog post will offer an overview of the federal government’s social media policy for employees. We’ll discuss the major rules around social media use and how to protect yourself and your job in your online activity.  What Are the Rules Around Social Media and Government Employees? For the most part, federal employees are allowed to use social media and other popular digital platforms to some degree. However, your actions online may face more scrutiny than those of a private sector worker. Several federal laws and regulations oversee how government employees behave online. These rules apply to activity on numerous public-facing digital platforms, including: Let’s examine two major rules impacting federal employees’ use of social media.  Office of Government Ethics (OGE) Standards of Conduct All federal government employees must follow the OGE’s Standards of Ethical Conduct. This document outlines the general expectations for principled behavior in and outside working hours. The Standards of Ethical Conduct don’t mention social media usage specifically. However, they do explicitly forbid government employees from using their public position or office for private gain, including by: In the context of social media use, this gives us a couple of important guidelines.  First, don’t share any non-public information you learn on the job online. Keeping personal and classified government information quiet is essential for safeguarding national security and your job security. Next, it’s important to remember that your work computer isn’t meant for personal use—neither is the time you’re on the clock. Scrolling Facebook from an employer-provided electronic device risks becoming an inappropriate use of government property and time.  The Hatch Act The Hatch Act regulates how employees use social media as a platform for expressing partisan preferences or engaging in political activity. Under the Hatch Act, most federal employees are prohibited from the following behaviors on social media: Some employees who work in certain specialized roles or at certain federal agencies have even more rules about what they can and cannot say online. For a complete picture of the social media policy for employees in your position, consult with your HR department or a federal employment lawyer. How Does Social Media Impact Employment? Improper or unlawful use of social media can have serious repercussions in your professional life. As a federal employee, you are a representative of the government to some extent. Many regulations around employee social media use aim to clearly distinguish between your personal opinions, statements, and endorsements and those of your agency or federal employer. Other rules are based on certain standards of ethics and impartiality expected of all federal employees. Employees who disregard these guidelines for legal and ethical social media use can face: For this reason, we recommend several basic guidelines for social media and employees in federal roles. For one, think before you share anything online. To be safe, it’s often best to avoid mentioning political topics or your job in your public social media posts. Take time to learn about additional policies or regulations that could apply to your role. Most importantly, if confronted about social-media-related misconduct, contact a federal employment lawyer immediately.  Experienced Legal Advocates Trusted by Federal Employees  Federal employees are often intimidated by the complex regulations around government employees’ social media use. If you have questions about what specific standards apply to your role, a trained advocate with the Federal Employment Law Firm of Aaron D. Wersing can help. Headed by award-winning federal attorney Aaron D. Wersing, our firm has spent years counseling government workers on various employment disputes. To learn how we can help you, contact our office online or by phone.  

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May 28, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Which Federal Employees Are Title 38?

Title 38 employees are in a unique position compared to other civil servants. If you’re a healthcare professional at the Veterans Administration (VA) or the National Institute for Health (NIH), your rights and obligations as a federal employee may differ significantly from those of your coworkers.  So, what is a Title 38 federal employee? This blog post will shed some light on this particular employee category for medical professionals. We’ll examine how Title 38 status impacts your benefits, compensation, and protections as an employee. What Is a Title 38 Federal Employee? Put simply, Title 38 employees are a special category of workers not covered by Title 5 of the U.S. Code, the primary law governing federal employment. Title 5 outlines most federal workers’s standard working conditions, pay scales, benefits, and holidays.  However, certain VA or NIH medical professionals are regulated by a different part of the U.S. Code, Title 38.  What Is Title 38 in the Federal Government? Title 38 is a portion of U.S. law governing the benefits provided to military veterans by the VA. It outlines the rules for administering disability compensation, pensions, educational assistance, employment, and other rights and services veterans are entitled to. Since it regulates healthcare, Title 38 also sets the standards and benefits for certain specialized medical professionals employed through the VA. Who Are Title 38 Employees? Title 38 employees are healthcare providers who work for the VA or the NIHealth. Some medical professionals who fall under Title 38 include: However, not all health professionals at the VA or NIH are Title 38 employees. Some may fall into a special category involving a mix of Title 38 and Title 5 policies. Providers who often fall into this hybrid Title 38 category include dental hygienists and assistants, mental health counselors, pharmacists, physical and occupational therapists, and dietitians.  Be aware these aren’t definitive lists. Many other types of medical professionals may also fall into either of these categories. The best way to know what type of employee you are is to talk to your Human Resources department or consult a federal employment attorney. What Makes Title 38 Federal Employees Different? Title 38 workers face several different rules and procedures as employees compared to their Title 5 counterparts. Here are some of the significant unique features of Title 38 employment status. Non-Standard Working Hours Under Title 5, most federal employees work during regular business hours from Monday–Friday. However, it’s common for medical professionals under Title 38 to be available 24/7 for work, even on weekends. Different Pay Scale Salaries for Title 5 employees follow one of two pay scales: the General Schedule (GS) or the Executive Schedule (ES). However, Title 38 allows the federal government to use a different—and often more competitive—pay structure to recruit and retain qualified medical professionals.  Longer Probationary Period Your two years of work as a Title 38 employee are treated as a probationary period to ensure you meet the high standards for clinical competency and patient care expected by the VA and NIH. For Title 5 employees, this probationary period only lasts one year.  Complex, Administrative Appeals Process  Unlike most federal workers, Title 38 employees can’t appeal adverse or unjust employment decisions to the standard Merit Systems Protection Board. Instead, they have to take their appeal through a Disciplinary Appeal Board—run by their employer. Because the VA has discretion over these appeals, overturning a disciplinary action can be more challenging for employees. What Rights Do Title 38 Federal Employees Have? Despite the differences between Title 38 and Title 5 status, Title 38 employees still receive important protections under federal law. Some of the rights that Title 38 employees enjoy include: Although Title 38 employees face unique challenges appealing an employer’s decision, they can contest disciplinary actions, including suspension, pay reduction, license revocation, and termination. Importantly, you also have the right to legal representation in hearings where disciplinary actions are at issue. Dedicated Experts for All Federal Employment Concerns At the Federal Employment Law Firm of Aaron D. Wersing, we know firsthand how challenging it is to make sense of your rights as a civil servant and medical professional. Generic advice from HR or attorneys without experience in federal employment law won’t cut it. For a clear understanding of what your Title 38 status means, it’s essential to contact a qualified federal employment attorney. Our law firm proudly represents medical professionals serving in the federal healthcare system. Our team has years of experience guiding federal workers through various complex employment disputes, from unlawful license revocation to hostile work environments. To learn more about how we can help you, contact our office online or by phone.

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May 8, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Reasons Your FERS Application May Be Denied and Can You Reapply?

If the Office of Personnel Management (OPM) denies your Federal Employee Retirement System (FERS) disability retirement application, you can reapply if there has been a material change in your circumstances. But getting a denial isn’t always the end of the road. You may have options to ask for reconsideration, or you can appeal a refusal of benefits. And the help of a good attorney can protect your rights during the application and appeal process. If you are looking for a good FERS disability attorney, you are on the right page. The Federal Employment Law Firm of Aaron D Wersing PLLC exclusively handles employment law cases. We provide award-winning advocacy. Please contact us for help with your federal employment needs.  Why Was My Disability Retirement Application Denied? The FERS disability retirement application process is detailed and complex. There are also several rules regarding who can and cannot receive disability retirement benefits. The OPM might have denied your retirement disability benefits because it believed you were not eligible or because you did not submit an adequate application. 1. Denial Because of Ineligibility Can you be denied retirement benefits? The answer is yes. The OPM can deny your FERS disability retirement benefits if one of the following circumstances applies to you: The OPM might also deny or dismiss your application if you don’t adequately explain how you meet each eligibility requirement. Our skilled and knowledgeable federal employment lawyers can ensure that your application clearly reflects your right to receive benefits. 2. Denial Because Your Application Was Late Your disability application must be timely. You must file your application while you are still federally employed or within one year of separating from your federal job. The application process requires a lot of documentation and statements from several individuals. As soon as you notice that your medical condition is affecting your ability to work, you should contact one of our experienced attorneys. We can help make sure you gather all the necessary information and meet the deadline for requesting benefits. 3. Denial Because of an Inadequate Application Your disability retirement application requires detailed information from you, your employer, and healthcare professionals who have treated you or have information about your condition. And all statements in your application should corroborate each other. If there is a lack of detail or there are discrepancies, the OPM may refuse to give you benefits. You can prevent discrepancies and a lack of detail by:  We can help you with all of this. Along with your disability retirement application, you must also apply for Social Security Disability (SSD)  benefits from the Social Security Administration (SSA). To prove that you applied for SSD benefits, you must give OPM a copy of your application receipt and a copy of the SSA’s notice of approval or disapproval of your SSD application. If you do not take these steps or provide proof of your application status, the OPM may dismiss your FERS disability retirement application.  What You Can Do After a Denial You have a handful of options to obtain a better result if the OPM denies your request for benefits. These options include the following. Reapplication Generally, you have only one chance to apply for disability retirement based on the same circumstances. However, you can reapply for disability retirement if there is a material change in your circumstances, such as a deterioration of your condition.   Requesting Reconsideration In many cases, the OPM gives applicants a written initial decision regarding their right to benefits. After the OPM makes the initial decision to deny your retirement application, you have 30 days to ask the OPM to reconsider its decision. After reconsidering your case, the OPM issues a written final reconsideration decision that includes its findings and conclusions and information about your right to appeal. Appealing the Denial You can appeal your denial to the Merit Systems Protection Board (MSPB) if the OPM does not grant you disability retirement benefits after a reconsideration. And if the initial decision you receive is an initial final decision, you must appeal directly to the MSPB. In general, you have only 30 days to file your appeal, and it must be in writing. Any attempt to seek benefits for retirement disability must include detailed documentation, a clear explanation of your circumstances, and timely filings. We can handle these tasks for you and maximize your chances of receiving your well-deserved benefits. Speak to Attorneys Who Can Turn a No Into a Yes Whether you are on the first, second, or third bite at the apple in your request for retirement benefits, the Federal Employment Law Firm of Aaron D Wersing PLLC can champion your rights. We handle only federal employment cases, so our knowledge and experience are extensive. An award-winning attorney leads our firm, and we are passionate about protecting federal employees. You can contact us for help today by calling or reaching out on our website.  

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May 7, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Is Locality Pay for Federal Employees?

If you have a job with a federal employer, you already know that you have access to great benefits, including good pay, loan forgiveness programs, and supportive leave policies. But even with great benefits for federal work, there is room for improvement, and the government recognizes this. To keep government wages and salaries competitive with the private sector, federal law demands locality pay for many federal employees. These payments can help you keep up with the cost of living in your area, and they can help the federal government retain a talented workforce that includes you. What is locality pay? It is a pay increase for federal employees to keep their wages comparable to private sector employees working the same type of job in the same geographic area. If you have questions about whether you should receive locality pay and how much it should be, you can ask the Federal Employment Law Firm of Aaron D Wersing PLLC. We represent clients experiencing federal employment issues, and we do it successfully. We are highly experienced, top-rated practitioners who can get the best out of your federal employment case. A Review of Locality Pay Under the United States Code Title 5, Section 5304, federal employers must reduce pay disparities between federal and private employees by giving locality payments to federal employees who make at least 5% less than their private sector counterparts. The locality pay rate is paid in addition to a federal employee’s base pay on the general schedule.  There are more than 50 localities with locality pay rates, and location pay rates can range from a little under 17% to more than 45%, depending on where you work. In addition to locality pay, many federal employees must receive a 4.7% increase to their general schedule pay in 2024. With all the tables and compensation levels, ensuring that you receive the proper base pay, pay increase, and locality pay can be challenging. But you can lean on us when these challenges arise. We are well-equipped to ensure that you recover every cent the government owes you for your labor.     Is Every Federal Employee Entitled to Locality Pay? No. Only federal employees who can perform their work within a listed locality are eligible for location payments. And only federal employees who receive scheduled rates for their base pay can receive locality pay.  What Can I Do If My Employer Has Not Paid All I Am Owed? You have many ways to address unpaid wages as a federal employee. Depending on the nature of your employment, you can: If you are a member of a bargaining unit with a collective bargaining agreement that does not exclude matters, you must engage in an NGP. Under those circumstances, you cannot file an agency or OPM claim. Any federal employee who files a suit in court has two years to file for non-willful violations and three years to file for willful violations. How an Attorney Can Help There are many ways an attorney can increase your chances of recovering unpaid wages, including: At the Federal Employment Law Firm of Aaron D Wersing PLLC, we can do all of the above and support you during every step of your wage claim. Contact Us Today Located in Houston, Texas, the Federal Employment Law Firm of Aaron D Wersing PLLC passionately champions the rights of federal employees. We are headed by award-winning attorney Aaron Wersing, and we have experience working with many federal agencies to recover relief for government employees. Whether you are facing matters regarding government pay, labor violations, discrimination, disability needs, or retirement, we can help you get the results you need and deserve. With a call to our office or a click on our website, you can schedule a consultation today.

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Apr 18, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Anticipated Pay Raise for Federal Workers in 2025

As the new year begins, millions of government workers are eager for a bump in pay to help keep up with increased costs of living. Although the government announced a proposed 2% average pay increase at the end of 2024, certain factors can make this higher or lower for certain employees. Read on to learn about the federal pay raise in 2025, what it includes, and what this means for federal employees’ take-home pay. Understanding How Federal Pay Raises Work To explain the upcoming pay raise, we need to explore the history of the federal pay raise process. According to various sources, federal employee pay has lagged behind the private sector for decades. In 1990, Congress passed the Federal Employees Pay Comparability Act (FEPCA). This law aimed to close the pay gap between federal employees and their private-sector counterparts. It employed several mechanisms to achieve this balance. For one, it established locality pay so employees in higher-cost areas could receive additional pay. FEPCA also mandated an annual survey of private-sector pay to compare with federal salaries so that federal income continued to match the market.  Critically, FEPCA states that federal pay will automatically increase to match private-sector pay unless the President proposes a different pay raise amount because of an “economic emergency.” Congress can either alter the President’s proposed raise or remain silent, allowing the President’s proposal to take effect. Ever since FEPCA took effect in 1994, presidents have generally used a minor provision within the law to prevent federal pay from fully catching up to private-sector pay. Specifically, if the President claims that an “economic emergency” affects the general welfare, they can implement a different pay increase. Congress generally defers to this claim. What Is the Federal Pay Raise for 2025? On December 23, 2024, President Biden signed an executive order finalizing an average 2% increase in pay for federal workers in the General Schedule (GS) for 2025.  The Biden Administration increased federal employee pay with a 4.6% raise in 2023, a 5.2% raise in 2024, and a 2% raise in 2025. Notably, this year’s raise is less than half of the pay bump federal workers received in 2024. Overall, the 2% average marks the lowest pay adjustment the administration has approved since Biden assumed the presidency in 2021.  When President Biden announced the 2025 federal employee pay raise, many were dismayed at the proposed adjustments. Numerous lawmakers and advocacy groups called for Biden to grant civilian federal employees the 4.5% average pay increase proposed for military service members in the coming year.  Despite these requests, the administration held firm. The approved 2% average pay increase went into effect for federal employees in the first full pay period of January 2025.  What Does a 2% Average Pay Raise Mean? There are two parts to the 2% average boost federal employees can expect in 2025: Since changes to locality pay are determined by region, the administration’s finalized pay adjustment is an average. Federal employees could see individual salary bumps of slightly more or slightly less than 2%. Is There a Federal Pay Raise 2025 Calculator? The OPM has a calculator that GS employees can use to determine the salary for workers of their locality and grade in 2025.  For a quick estimate of your salary with the proposed 2025 federal pay raise, you can also multiply your current pay by 1.02. However, remember that your actual 2025 salary may be slightly less or more than that estimate, depending on your locality. Am I in a Locality Pay Area? As of 2025, the country will have 58 pay locality areas. These include the following areas: Most major cities have their own locality pay area. The highest locality pay is currently the San Jose-San Francisco-Oakland, CA area.  Questions About Your Federal Pay or Benefits? We Can Help.  Federal pay is a surprisingly tricky topic to understand. Yet, it pales compared to other federal employment issues like disability, retirement, employment discrimination protections, and Title 38 rights. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we love helping our clients make sense of their rights and responsibilities. We practice exclusively on federal employment issues, so we have ample experience deciphering even the most complex topics. Give us a call today, or get in touch with us to set up an initial consultation. 

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