Labor Lawyer Michelle Devitt Discusses Executive Order Slashing Workforce

As part of a plan for the newly created Department of Government Efficiency (DOGE), President Trump recently issued an executive order requiring federal agencies to “initiate large-scale reductions in force.” Under this order, federal agencies may hire only one employee for every four that leave. The mandate also impacts temporary federal employees, retired employees who have been rehired, and employees associated with diversity, equity, and inclusion initiatives.

Willig, Williams & Davidson partner Michelle “Micky” Devitt weighed in on the ramifications of this move in articles that appear in Fortune and Forbes. She noted that the executive order could incapacitate agencies that have “no fat left to trim from,” given other recent attempts by the Trump administration to reduce the federal workforce.

The reductions could have major impacts on these agencies’ operations. “Early indications are that a lot of people who took the buyouts were people later in their career taking early retirements, which means they may not be headed back into the job market. But they are also the most experienced, so these abrupt departures will mean a loss of institutional knowledge and expertise across agencies that would otherwise have been passed on,” Devitt said.

“This brain drain from the federal workforce is likely to impact the quality and speed of federal services Americans are used to enjoying,” she cautioned. “America’s workers rely on federal agencies to assure workplace safety (OSHA and DOL), protect their rights to organize (NLRB and FLRA), enforce anti-discrimination protections (EEOC), and support collective bargaining and labor arbitration (FMCS). These agencies are already limiting services and extending wait times for resolution of workplace disputes and remedies. Further downsizing the federal workforce only worsens those impacts.”

Devitt believes that the legality of the order is questionable, as neither the president nor DOGE has the authority to close, restructure, or eliminate agencies without approval from the U.S. Congress. “I would not be surprised in the least if we see legal challenges to the specific cuts or restructuring that DOGE recommends,” she said.

She added, “By calling for restructuring agencies with DOGE approval, but without Congressional approval, he is potentially violating his legal obligation to spend funds appropriated by Congress for the purposes set by Congress.”

Read the full articles online:

Trump just made his boldest move yet in an attempt to cut down the federal workforce (Subscription is required.)

The Challenges And Opportunities Of A Downsized Federal Workforce