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: As an employee with the judiciary, my position was eliminated and I accepted a position under saved grade, saved pay. The position that I accepted was downgraded from a GS-11 to a GS-9 when it was offered to me. Now, the Judicial Conference has voted to eliminate saved grade, saved pay and I face a $15,000 annual pay-cut. What, if any, remedies are left for me other than to find…
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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: During recent CBA negotiations and while negotiating the Promotions and Details Article, it was stated that there is no federal law that would prohibit Temporary Assignment pay by the hour. The union had proposed that all Bargaining Unit Employees receive pay to the higher position when assigned by management. This currently is a personnel action that requires an SF-50 to be issued, should the temporary promotion be for more than…
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 work as a GS-12 for a federal department. If my immediate boss finds it necessary to demote me, even though I’m getting excellent performance ratings and through no fault of my own, what are my rights? Would I be entitled to retain my grade for two years and my pay level indefinitely? What does it mean to retain one’s pay level? A: Civil Service employees who are beyond a…
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: In my agency, I have reached the salary cap. However, I recently found out that another agency has a higher salary cap. Why would these differ? A: Congress can do this and often does. For example, at the SES or equivalent pay level, Congress has created at least 88 different pay systems, many with different caps and some with no caps. 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 moved from a nonsupervisory position to a supervisory position for about 10 months and then was returned to my original assigned position after my request. I have asked for temporary promotion pay. Should my agency pay compensation for the detail to a higher graded position? A: Because you served in a higher pay band on your detail and that would equate to a temporary promotion, it appears that your…
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: My brother is a federal retiree. He is currently serving time in prison for a crime he committed before he was a federal employee and the conviction was not related to his federal service. Will the felony conviction affect his retirement pay? A: Assuming your brother is already retired, the conviction will not affect retirement eligibility. Federal employees lose their retirement when convicted of offenses such as treason, espionage, sabotage…
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: With the transition back to the General Schedule (GS) from the National Security Personnel System (NSPS), can they lower the grade level or pay of the employee? A: The conversion from NSPS back to the General Schedule has caused a great deal of confusion. Employees are supposed to be moved from their NSPS designation to a GS position with the equivalent duties and responsibilities. An employee is not supposed to…
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: If the government compensates an employee, who earns Law Enforcement Availability Pay (L.E.A.P.), overtime wages which the government now claims the employee is not entitled to, may the government recoup the unauthorized payments by withholding funds form a federal employee’s paycheck? A: Any federal law enforcement officer who receives availability pay (L.E.A.P.), generally may not receive any additional payment for unscheduled duty hours, or overtime. As such, any…