With the shutdown of the federal government, employers should be aware of the extent to which key employment-related agencies will continue to operate during the shutdown. The following is a list of key agencies and their contingency plans:
1. Department of Homeland Security: Employers should be aware that the E-Verify system used to verify I-9 work authorization is unavailable during the shutdown. The DHS has instructed employers not to take any final action on tentative non confirmations that are still pending during this period. Employers will be given the opportunity to do late E-Verify verifications once the system is up and running again. For more information from the DHS website, click here.
2. EEOC: The EEOC has announced that it will continue processing charges of discrimination, but will not be conducting investigations or participating in scheduled mediations. In cases of pending litigation, the EEOC will participate as necessary if requests for stays are not granted by the courts. The EEOC’s contingency plan announcement is available here.
3. NLRB: The NLRB has announced that it generally is not processing charges and that representative elections and hearings are postponed. However, the NLRB has advised that in certain instances filings should be faxed to NLRB regional offices.
4. Department of Labor: The Wage and Hour Division has announced that it will generally only continue operations as necessary to respond to emergencies involving the safety of human life or protection of property. The WHD will investigate incidents involving serious injury or death of a minor while employed or any transportation accident or any housing safety violation involving serious injury or death of a farm worker.
5. Federal courts: Federal courts are expected to continue operating normally for about 10 business days. If the shutdown lasts longer than that, federal courts are expected to be impacted.
