As those who recall last federal government shutdown in 1995 can attest, the closing of the federal government has implications for human resources professionals. Government agencies that make and enforce laws governing the workplace have posted information about their operations (or lack thereof) during the shutdown.
The Equal Employment Opportunity Commission release states that the agency WILL continue to: 1) docket new charges and federal sector appeals; 2) litigate lawsuits where a continuance has not been granted; and 3) examine new charges. The agency WILL NOT: 1) have staff available to answer questions or respond to correspondence; 2) investigate charges; 3) conduct mediations; 4) or process FOIA Requests.
The National Labor Relations Board has indicated that the NLRB plan includes:
- Tolling of time for filing documents, including briefs and appeals;
- Postponement of unfair labor practice hearings before Administrative Law Judges;
- Postponement of representation elections and hearings; and
- Timeliness of charges and petitions. The six-month statute of limitations remains in effect for the filing of unfair labor practice charges.
Federal courts will remain open for at least 10 business days and will reassess the situation on October 15. Here is information pertaining to the Fourth Circuit and Maryland Federal Courts.
During the shutdown, E-Verify will be unavailable. As a result, employers will be unable to access their E-Verify account and consequently not be able to verify employment eligibility, view case information, undertake E-Verify administrative functions, run reports, or view essential records.
The Department of Labor also has a contingency plan posted on its website.