As the government shutdown persists, private employers continue to be affected. As we discussed earlier this month, E-Verify remains shut down. Employers must continue to manually verify eligibility through the use of I-9 forms. In addition, the EEOC is mostly shut down, other than a relatively small number of employees still in place to receive new charges so potential charging parties don’t miss the statute of limitations. Federal courts remain open, but cases involving the federal government are stayed and court staff is reduced. The US Small Business Association is also on furlough, which means that small business loans may be affected.
Agencies like OSHA, the Department of Labor and the NLRB remain open and fully staffed.
Employers should not assume that deadlines will be extended due to the shutdown, and should take care to ensure that all deadlines are met.