the solidarity docket
Weekly Dispatch from Suzanne Summerlin, General Counsel
November 25, 2025 – Early Thanksgiving Edition
Dear Colleagues and Friends,
As many of you head into a long weekend with your loved ones, I want to begin by wishing you a restorative and peaceful Thanksgiving. Before we break for the holiday, here are the key developments affecting federal workers this week.
Federal Workforce Down 97,000 Since January
New BLS data shows federal employment declined by 3,000 in September, continuing a steep drop totaling 97,000 jobs since January. Workers on paid leave or severance are still counted as “employed,” meaning the true contraction may be deeper.
Federal Employee Reservists Owed Differential Pay
If you are a federal civilian employee who has served as a military reservist, you may be entitled to differential pay for periods in which your military active-duty compensation was lower than your civilian salary.
Three law firms: Outten & Golden LLP, Burakiewicz & DePriest PLLC, and McGillivary Steele Elkin LLP, in collaboration with AFGE, have filed a nationwide class action seeking unpaid wages on behalf of federal employee reservists.
The case follows a recent U.S. Supreme Court decision holding that all federal civilian employees called to active duty during a national emergency are entitled to differential pay, regardless of the reason for the deployment. A helpful resource for understanding eligibility and calculating potential differential pay can be found here: https://militarydiffpay.com/
Major Win for USAGM Employees: Preliminary Injunction Restores Union Rights
Judge Paul L. Friedman (D.D.C.) issued a preliminary injunction blocking the Trump administration from enforcing Section 2 of Executive Order 14343 at the U.S. Agency for Global Media. Plaintiff unions (AFSCME, AFGE, VOA Local 1418, and AFGE Local 1812) argued the order was unconstitutional retaliation tied to their protected First Amendment activity. The Court found the unions are likely to succeed and prohibited USAGM from canceling CBAs or refusing to recognize the unions as the exclusive representatives, and that the EO effectively eliminated labor rights at USAGM.
Proposed Rule Overhauls Federal Layoff Procedures
The administration has advanced a near-final rule that would fundamentally restructure federal layoff rules — including how retention is determined and how employees are ranked during Reductions in Force (RIFs). Critics argue the proposal would weaken safeguards against politically motivated or arbitrary workforce reductions. Read more here.
Two Key Agencies Regain Quorum: EEOC and MSPB
Brittany Bull Panuccio has been sworn in as a Member of the EEOC, restoring a full, functioning Commission.
James J. Woodruff II has been sworn in as a Member of the MSPB, giving the Board its first quorum since April and enabling it to resume issuing final decisions.
These confirmations should improve adjudication timeliness and case backlogs across the federal workforce.
Warm Wishes for the Holiday
As we enter Thanksgiving week, I hope each of you finds rest, connection, and a bit of quiet after a demanding season for the federal workforce. We’ll continue to monitor every development and keep you informed when we return next week.
Thank you for the work you do — and for being part of a community that shows, week after week, what solidarity in action looks like.
In solidarity,
Suzanne Summerlin
General Counsel
Rise Up: Federal Workers Legal Defense Network
