The government shutdown has entered its third week, prompting waves of furloughs and layoffs and shuttering government services across the country. HR leaders at private employers are feeling the effects, including through missing market data and heightened risks to employee wellbeing.
Despite the disruption, HR can’t let the shutdown disrupt compliance, say legal experts. In particular, employers remain “fully bound” by the National Labor Relations Act, says labor and employment attorney Victoria Stockton Breese of firm Foley & Lardner LLP.
The National Labor Relations Board is “currently closed due to a lapse in appropriated funds,” according to the agency’s website, meaning cases and rulings are halted. That may drive up uncertainty and enhance risk, Stockton Breese wrote recently in a blog post on the firm’s site. She urged HR to remember that compliance needs to remain business as usual throughout the shutdown.
Stockton Breese cited five critical compliance issues related to the NLRB that HR should remember through today’s uncertainty.
Even though the NLRB is not actively processing cases, if an incident arises during the shutdown regarding potential violations of fair labor standards—from protected discussions about terms of employment to union activity—the board could consider the case when it resumes operations. “Employers must continue to respect employees’ rights to engage in protected concerted...
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