As I write this, its 11:00 a.m on a Saturday and a number of my colleagues are hard at work with me in the office. Some of the world is still working, without or without an appropriations bill being passed.
As for the feds, here is a brief follow up on the impact of the shutdown as it pertains to employment-related matters:
The Department of Labor’s Office of Administrative Law Judges (OALJ) has determined that it will be “unable to perform any case-related activities, including conducting hearings.” OALJ judges hear cases involving immigration-related alien labor certifications and enforcement actions, certain whistleblower cases, and FLSA enforcement actions, among other areas.
With the NLRB’s website being unavailable, electronic filing is not an option. As a result, the Board is granting an extension of time for filing or service of any document “for which the grant of an extension is permitted by law.” The full notice is available here. Filing deadlines will be extended a day for each day or portion thereof the shutdown continues and NLRB offices are closed.
The Board will postpone unfair labor practice hearings indefinitely if the shutdown continues. According to the NLRB Notice:
persons wishing to file a charge pursuant to Section 10(b) of the Act, and for whom the 6-month period of Section 10(b) may expire during the interruption in the Board’s normal operations, are cautioned that the operation of Section 10(b) during an interruption in the Board’s normal operations is uncertain. Consequently, it would be prudent to file the charge during the interruption in the Board’s operations by faxing a copy of the charge to the appropriate Regional Office.
The Board also makes clear that its “courtesy” of sending a copy of the charge to those against whom the charge is made will not occur during the shutdown.