S.27 - Federal Employee Return to Work Act (119th Congress)
Summary
S.27, the "Federal Employee Return to Work Act," aims to prohibit certain federal employees who telework from receiving annual pay adjustments and mandates that their pay be based on the "Rest of U.S." locality pay area. The bill defines 'covered employees' as those who telework at least one day a week (or 20% under an alternative schedule), excluding specific categories like disabled employees receiving accommodations, Foreign Service members, law enforcement officers, active duty military personnel, and those whose official worksite is not covered under specific federal regulations.
The bill stipulates that covered employees will not receive annual pay adjustments under section 5303 of title 5, United States Code. It also requires that their pay be set according to the "Rest of U.S." locality pay area, which will not be adjusted under section 5304 of title 5, United States Code.
The Act is set to take effect on the first day of the first full fiscal year following its enactment.
Expected Effects
The primary effect of this bill would be to reduce the compensation of federal employees who telework by freezing their annual pay adjustments and standardizing their locality pay to the "Rest of U.S." rate. This could lead to decreased morale among affected employees and potentially impact their financial well-being.
It may also incentivize employees to return to traditional office settings to maintain their current pay scales. The change could also impact the ability of federal agencies to attract and retain talent, especially in high-cost areas.
Potential Benefits
- Potential cost savings for the federal government due to reduced payroll expenses.
- May encourage more federal employees to return to in-person work, potentially boosting local economies around federal office buildings.
- Could lead to a more standardized pay structure across the federal government, reducing perceived inequities.
- May improve oversight and accountability of federal employees by having them work in traditional office settings.
- The bill could incentivize federal agencies to re-evaluate their telework policies and ensure they align with organizational goals.
Most Benefited Areas:
Potential Disadvantages
- Reduced compensation for federal employees who telework, potentially impacting their morale and financial stability.
- May disproportionately affect employees in high-cost areas, as their pay would be based on the "Rest of U.S." locality pay area.
- Potential difficulty in attracting and retaining talented employees, especially in competitive job markets.
- Could lead to decreased productivity and innovation if employees are forced to return to in-person work against their preferences.
- May negatively impact work-life balance for federal employees who rely on telework for childcare or other personal responsibilities.
Constitutional Alignment
The bill's constitutional alignment is primarily related to Congress's power to regulate the compensation of federal employees, as outlined in Article I, Section 8, which grants Congress the power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States." The bill does not appear to infringe on any specific individual rights or liberties protected by the Bill of Rights.
However, the potential impact on federal employees' compensation could raise questions about fairness and equal protection under the law, although these are not explicitly addressed in the Constitution. The Fifth Amendment's Due Process Clause could be invoked if the changes are deemed arbitrary or discriminatory, but this would require a legal challenge and judicial interpretation.
Overall, the bill's constitutionality is likely to be upheld, given Congress's broad authority over federal employee compensation, unless specific legal challenges based on due process or equal protection grounds are successful.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).