Post Content

Legal Insider: Federal employee doing duties above your grade? A desk audit could help

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By Melissa L. Watkins, Esq.

If you are a federal employee and believe you are regularly asked to perform duties that are outside the scope of your grade, job series and title, there is a path to address such an issue.

The procedure is referred to as a “desk audit” or a classification appeal. A desk audit is simply a procedure where the duties and position of a federal employee are evaluated to determine whether the employee’s position should be upgraded in terms of grade, pay level, title or classification series.

Prior to a Desk Audit — Ensuring Accuracy of Position Description

Before requesting a desk audit, the federal employee should make sure that their position description accurately identifies the major duties assigned and performed. If the position description is significantly inaccurate, the employee should try to resolve the problem first by discussing it with a supervisor and perhaps a representative of the human resources office.

If unable to resolve the problem at this level, the employee could potentially use the agency’s negotiated or administrative grievance procedure. If the agency is unwilling to correct the position description, the federal employee can still pursue a desk audit and the inaccuracies will be reviewed by the Office of Personnel Management (OPM) later in the appeal process.

Desk Audit Process for General Schedule (GS) Employees

Usually, the first step in pursuing a desk audit is to speak with the individual’s supervisor to discuss the issue of whether their position is properly classified. It is important to stress the major areas of daily work and how these duties fit into the overall agency’s structure.

The federal employee will want to review their position classification standards prior to this discussion. If a federal employee’s supervisor believes that the individual’s position should be possibly re-classified, they can contact the federal agency’s human resources office to request a desk audit. The federal employee can also try contacting human resources directly if the supervisor is not receptive to the request.

The agency must, in theory, make a decision on the desk audit request within 60 days. If an appeal to the agency does not result in a favorable decision, the employee can submit an appeal to the OPM Classification Appeals office. A GS employee can bypass the Agency and go to OPM directly from the beginning, but it’s a good idea to appeal to the agency first. That way, if the employee doesn’t get the desired result, the employee can still appeal to the OPM.

If the employee goes directly to the OPM and is unsuccessful, there is no option to then go back to the Agency, the employee will have exhausted the appeals process. A GS employee is not permitted to pursue appeals with both the Agency and OPM at the same time.

Desk Audit Process for Federal Wage System (FWS) Employees

The process for FWS employees is generally the same as that for GS employees, but an FWS employee must first appeal to the agency. Unlike a GS employee, an FWS employee cannot appeal directly to OPM from the outset. If an FWS employee is dissatisfied with the agency’s decision, the employee may appeal to OPM. The appeal with OPM must usually be filed within 15 calendar days of the date the employee receives the agency’s decision. Each appeal is different, but it is very important that an FWS employee keep track of their deadlines and file their appeal to OPM on time.

Desk Audit Appeal Process at OPM

In terms of filing an appeal with OPM, for both GS and FWS employees, each appeal must be in writing, should be sufficiently detailed, include a copy of the position description, and be filed with the OPM office serving the area in which the federal employee works.

In addition, OPM’s decision regarding a desk audit is final. If OPM rules in favor of the employee, then that decision is generally binding on the employee’s federal agency subject to a few exceptions.

If you are a federal employee in need of employment law representation, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook and Twitter.

Recent Stories

As early voting for the Congressional midterms continues, Democrats in Virginia’s 35th House District have a critical state race competing for their attention. After longtime delegate Mark Keam resigned in early…

With the Silver Line Phase II opening still in flux, Fairfax County is being asked to pay another $40 million. At its transportation committee meeting on Friday (Sept. 30), the…

Fairfax County is seeking public input on plans that could put Trailside Park (6000 Trailside Drive) in Springfield in a new light and add more utility to the location. A…

This Tuesday is National Taco Day and Neighborhood lists some local favorites to grab tacos at.

Looking for a more convenient way to work out?

On the Go Fitness Pro offers in home personal training. We bring the gym to you, so you can save time and skip the hassle of going to the gym. Plus, our trainers are certified and experienced, so you can be sure you’re getting the best possible workout.

We provide all the equipment needed for a great workout or we can use the equipment that you have.

Read More

Submit your own Community Post here.

Are you tired of going to the gym? It might be the crowds, the locker room, waiting on equipment or the time it takes to commute to the gym.

Having a personal trainer come to your home will keep you accountable, save you time and allow you to workout in the comfort of your own home.

Skip the hassle of the gym and try our in-home personal training service.

Our services are reasonably priced, convenient, effective and are risk free.

Read More

Submit your own Community Post here.

Rescue Reston’s 10th Anniversary Rally for Open Space

Join us on Saturday, October 15, 2022, from 1 pm to 3 pm where it all began in 2012 at the Hartke Building parking lot. We coalesced around a common vision, and purpose and have moved forward with unwavering community

Reston Home Tour

Reston Museum’s 20th Reston Home Tour features homes include an award-winning modern masterpiece tucked back in a wooded oasis, a beautifully-landscaped personal “club house” offering amazing views of the golf course, a newly-renovated Reston Town Center townhouse with a water

×

Subscribe to our mailing list