A person walks near the U.S. Capitol building in Washington, D.C. on November 5, 2025, as the shutdown of the federal government breaks the record for the longest in U.S. history. Image: Bryan Dozier/NurPhoto/Shutterstock
By: FEDweek StaffSeveral federal agencies have said they consider some of their earlier-announced RIFs, using the shutdown as justification, as outside a court’s order generally blocking any RIFs announced since October 1, even if they were in planning before then.
Those statements came as agencies reported to Judge Susan Illston of the U.S. District Court for the Northern District of California on their compliance with her order. It applies to “programs, projects, or activities” that include anyone represented by one of eight federal unions sponsoring the suit—regardless of whether the individual is a dues-paying union member or even in the bargaining unit—in Cabinet departments and some two dozen other agencies.
However, Commerce, DHS, Justice and HUD asserted that the order’s terms don’t apply to certain employees who received layoff notices during the shutdown – comprising several hundred employees out of around 4,000 that have been notified. Education, Energy, EPA and IRS said the court the injunction does apply to all who received RIF notices; the IRS alone accounted for some 1,500 of the notices.
The unions in turn are asserting that some agencies misinterpreted the court’s order as covering only members of a bargaining unit. Further hearings before the court lie ahead.
Meanwhile, the RIF issue has been under discussion on Capitol Hill as legislators discuss a possible way to end a shutdown that is now the longest ever. That has focused on potentially enacting the VA-military construction, Agriculture and Legislative Branch appropriations bills covering the remainder of the fiscal year, with a temporary restoration for other agencies—likely until sometime in December.
Under discussion is potentially rehiring federal workers who were laid off during the shutdown, an issue Democrats have pushed to include in negotiations. Some lawmakers, including Sen. Susan Collins, expressed support for recalling workers affected by reductions in force and ensuring back pay for furloughed employees, though the specifics of any rehiring terms have not yet been finalized.
Several Senate Democrats have also been pushing for language to block all RIFs announced since the shutdown began, as part of a separate bill to immediately grant back pay to all unpaid employees even as it continues. With that bill having been stalled for several weeks, they are now pushing to include the RIF ban and back pay for all unpaid employees as part of any potential agreement.
While signs of willingness have been reported, at least on the Senate side, of an agreement along those lines the end of the shutdown still is not definitely in sight.
Missed TSP Investments to Be Made Up, but No Earnings Credited
Agencies Instructed on Canceling Shutdown RIFs, Reinstating Employees with Back Pay
NTEU Sues for Release of Positions Recommended for Schedule Policy/Career
House Forces Vote to Override Trump Order on Unions
Guidance Addresses Leave, Other Considerations on Shutdown’s End
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See also,
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FERS Retirement Guide 2025 – Your Roadmap to Maximizing Federal Retirement Benefits
