Monthly Archives: June, 2011

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Are government employees supposed to get to two 15 minute breaks per day? A: There is no authority mandating 15 minute breaks. Many unions negotiate breaks into collective bargaining agreements. Remember, that breaks are considered to be part of the performance of job duties. Managers of non-bargaining unit employees could grant a break to non-bargaining unit employees but they don’t have to. Bill Bransford is managing partner of Shaw, Bransford…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was given a memorandum of record for being late three different times by a military officer who is not my supervisor. It was pushed down through my chain of command. What recourse do I have? A: A memorandum of record is not a disciplinary action. It is a notice that, as perceived by others, you were late. If you think the memorandum of record is wrong you could put…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was formerly a GS-13 and then served under NSPS. However, I have converted back to the General Schedule retaining the same job and duties, but am now a GS-12. Is this correct? What are my options? A: According to 5 C.F.R. § 9901.372(d)(1)(v), “an employee’s virtual GS grade may not be less than the permanently assigned GS grade the employee held upon conversion into NSPS (for an employee who…

The phone rings and it is Special Agent John Doe from your agency’s Office of the Inspector General. He tells you he is doing an investigation and wants to stop by the next day to clarify some things he’s looking into. Should you be worried? Should you kick yourself for procrastinating about purchasing professional liability insurance? First, when Agent Doe calls, ask if you are the subject or target of the investigation. It makes a significant difference whether you are a witness providing background information or whether the IG is looking into a concern that you might have violated the…