This week marks the first partial federal government shutdown in 17 years. The shutdown started when the deadline to extend congressional spending authority passed without an agreement on a spending plan.
Due to the shutdown, the U.S. government closed a number of its non-essential services as of October 1, 2013. As a result of [the] congressional stalemate over a spending plan, many key government agencies, upon which employers regularly rely, are also closed and will remain closed for the duration of the shutdown.
What should employers do if they need to contact these agencies or have matters pending in federal courts? The following are some of the key agencies and government divisions鈥攊ncluding their plans for operating during the shutdown鈥攖hat might affect your business.
- NLRB.聽The National Labor Relations Board (NLRB) issued a statement on its website stating that it is 鈥渃urrently closed due to a lapse in appropriated funds.鈥 The Board issued a 12-page聽聽covering how it plans to operate during the shutdown.
- EEOC.聽According to the Equal Employment Opportunity Commission鈥檚 (EEOC) website, a limited number of agency services will still be available during the shutdown. The EEOC鈥檚 shutdown聽聽specifies the procedure the agency will follow for pending charges, federal sector hearings, federal sector appeals, and litigation.
- Federal Judiciary.聽The federal courts will remain open for at least some time. According to an official statement, 鈥渢he federal Judiciary will remain open for business for approximately 10 business days. On or around October 15, 2013, the Judiciary will reassess its situation and provide further guidance. All proceedings and deadlines remain in effect as scheduled, unless otherwise advised. Case Management/Electronic Case Files (CM/ECF) will remain in operation for the electronic filing of documents with courts.鈥 In addition, the Supreme Court of the United States has stated that it will continue to conduct its normal operations through October 4 in the event of a lapse of appropriations.
- USCIS.聽Ogletree Deakins鈥櫬營mmigration Practice Group聽members reported on the effects of the shutdown in their recent article, 鈥.鈥 聽[Since], the U.S. Citizenship and Immigration Services (USCIS) reports that all of its offices worldwide are open and that individuals should report to interviews and appointments as scheduled. Importantly, USCIS also reports that E-Verify will not be available during the federal government shutdown. As a result, individuals will not be able to access their E-Verify accounts. More information on the availability of E-Verify is available on the聽.
- DOL.聽As a result of the shutdown, some 800,000 federal employers will be furloughed without pay. The U.S. Department of Labor鈥檚 (DOL) website features President Obama鈥檚聽聽to these employees. In addition, on September 25, the DOL updated its聽聽for activity during a lapse in appropriations, which details which of its employees will be on-the-job for the duration of the shutdown.
- OSHA.聽The Occupational Safety and Health Administration (OSHA) will reportedly be furloughing most of its employees, except for two senior compliance officers in each area office. According to OSHA鈥檚 website, workplace fatalities, hospitalizations, or imminent danger situations may still be reported to the agency during the shutdown.