On June 3, 2026, President Trump signed Executive Order 14410, Implementing Schedule Policy/Career in the Excepted Service, moving approximately 8,000 federal positions into a newly designated excepted-service category. The order primarily targets roles at the GS-15 level and above that carry policy-influencing duties, fundamentally restructuring the employment relationship between the federal government and a significant segment of its senior workforce. Agencies, affected employees, and the counsel who advise them now confront an altered legal framework that demands immediate attention.
The most consequential feature of the order is the removal of procedural protections under 5 U.S.C. Chapter 75 for covered positions. Employees in the Schedule Policy/Career category may be separated for unacceptable performance or misconduct upon written notice, without the appeal rights and adverse-action procedures that competitive service employees have historically relied upon. This represents a marked departure from the longstanding civil service model and significantly expands agency discretion in personnel actions involving policy-adjacent roles.
The Office of Personnel Management issued implementing guidance on June 8, 2026, just five days after the order's signing. The accelerated rollout signals that agencies are expected to move quickly on identifying covered positions, transitioning incumbents into the new schedule, and operationalizing the streamlined separation procedures. For agencies, this creates immediate compliance obligations around reclassification analysis, documentation, and adherence to whatever procedural floor remains under the new framework.
For affected employees and their representatives, the change raises pressing questions about the scope of reclassification, the standards that will govern future adverse actions, and the avenues available to challenge separations that may have been routinely contestable under prior practice. Litigation exposure is likely to increase as employees, unions, and advocacy organizations test the boundaries of the order, including its application to specific positions, the adequacy of notice procedures, and potential constitutional and statutory challenges to the underlying authority.
Employers and employees alike should be assessing now which positions fall within the order's reach, what internal procedures should accompany reclassification, and how to preserve evidence and rights in the event of adverse actions or future challenges.
This update is provided for general informational purposes only and does not constitute legal advice. Clients facing reclassification, separation, or related compliance questions should seek tailored counsel based on their specific circumstances.