OPM Finalizes Recission of Trump-Era Restrictions on Clean-Record Settlements

The Office of Personnel Management (OPM) recently issued its final regulations rescinding many of former President Trump’s orders impacting federal employees, including the restriction on entering clean-record settlements that had been included in former President Trump’s Executive Order 13839.  President Biden’s subsequent Executive Order 14003 revoked that provision and others within EO 13839, but OPM had not gotten around to issuing the final regulations until now. The final regulations take effect December 12, 2022, and will remove those provisions within Title 5 of the Code of Federal Regulations (CFR) that prohibit clean record agreements in settlements.  The previous restriction on clean-record settlements severely hampered the abilities and negotiating power of federal employment law practitioners and employees on both sides.  The ability to enter a clean-record settlement had traditionally been a widely-used subject of settlement negotiations, with clear benefits to agencies and affected employees alike, and we welcome the implementation of these long-awaited final regulations. You can read the full final rule from OPM here: OPM Final Rule 5 CFR Parts 315 432 752 Final Rule (12 Dec 2022)