Government agencies are integral to the enforcement of federal labor and employment laws and will be dramatically impacted by a government shutdown. Below is a synopsis of the impact on the main government agencies responsible for enforcing federal labor and employment laws—the U.S. Equal Employment Opportunity Commission (EEOC); the Department of Labor (DOL); and the National Labor Relations Board (NLRB).
Impact of a shutdown on the EEOC
If the government shuts down, the EEOC will furlough 95% of its employees. There will be no staff available to investigate EEOC charges; mediations will be cancelled; and FOIA requests will not be processed.
According to the EEOC’s contingency plan, however, the EEOC will continue to litigate cases where an extension has not been granted (at least until the federal courts run out of funds and cases are suspended). In addition, the EEOC’s public portal will remain open for the filing of charges and field office staff will monitor entries to see if any are nearing the end of the charge filing period or if injunctive relief is required.
Once the government re-opens, the EEOC will be required to process a backlog of charges that accrued as a result of the shutdown. As a result, a notice of right to sue may be the first notice of a charge that an employer receives.
Note, while the EEOC will be impacted by the federal government shutdown, state and local fair employment practices agencies will remain fully operable.
Impact of a shutdown on the...
A former Connecticut nurse faces federal charges for allegedly defrauding the Medicaid program, submitting more than 15,000 claims and receiving payments totaling more than $1.3 million. Marisol R...