The U.S. government's fiscal year ended at midnight last night without congressional agreement regarding appropriations, resulting in a partial government shutdown, which will affect the federal agencies that monitor the workplace. This includes:
National Labor Relations Board (NLRB): All NLRB field offices will be shut down. Services affected include: representation and unfair labor practice charge docketing, investigations, hearings, complaints, and settlements; injunctions and enforcement actions; and administrative law judge and board decisions. Eleven employees (the five board members, the acting general counsel, and a few others who hold senior leadership positions with the agency) are the only individuals the agency currently exempted from furlough. Additional staff may be called to handle emergencies during the shutdown.
Equal Employment Opportunity Commission (EEOC): The EEOC will continue to function with 107 (out of 2,164) staff members nationwide. During the temporary shutdown, the agency will continue to docket new charges and federal sector appeals. It will also litigate lawsuits where continuances are not granted by the court and will seek injunctive relief as necessary. While the EEOC is accepting new charges during the shutdown, it will not investigate those charges. The EEOC also will not conduct mediations or process FOIA requests during the shutdown.
Occupational Safety and Health Administration (OSHA): OSHA will temporarily cease all operations except for those that relate to "emergencies involving the safety of human life or protection of property." Two hundred and thirty staff members will continue to work at the agency through the shutdown and will be able to respond to safety and health complaints that involve potentially hazardous conditions that "present a high risk of death or serious physical harm."
Department of Labor Wage and Hour Division (WHD): The WHD will suspend operations and will furlough all but six employees.
U.S. Citizenship and Immigration Services (USCIS) and Employment and Training Administration (ETA): Fee-for-service activities performed by the USCIS are expected to continue, because they are funded by sources other than appropriated funds. During the temporary shutdown, USCIS expects to furlough only 353 of 12,558 employees. Consular operations run by the State Department will remain 100 percent operational only as long as there are fees to support those operations. However, E-verify temporarily will be shut down, and the ETA will not process any foreign labor certifications needed for some employment-based visas during the period of a temporary shutdown.
For links to each agency's contingency plan, please go to the Office of Management and Budget at http://www.whitehouse.gov/omb/contingency-plans.
Michael K. Furey authored article, "Is It Worth the Risk to Represent a Client Who Has Fired a Previous Attorney?," for the New Jersey Law Journal.
On February 26, Heather Weine Brochin will be speaking at "Weathering NJ's New Employment and Contracting Laws," a seminar presented by the New Jersey Builders Association (NJBA) and held in Robbinsville, NJ.
On January 7, Francine Esposito presented a live webinar, "FMLA Leave Is Exhausted: How to Address Transfer and ADA Accommodation Requests, Fitness-for-Duty Exams, and More," sponsored by BLR.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
On October 24, Heather Weine Brochin and Mike Dell will present a webcast, titled "2019: A Year of Dramatic Changes for Mandatory Employment Arbitration?" in partnership with Celesq and West LegalEdcenter/Thomson Reuters.
Day Pitney Managing Partner Thomas Goldberg was quoted in Hartford Business Journal article, "Hartford law firms see spike in COVID-19-related business."
Daniel Schwartz was quoted in Hunt Scanlon Media article, "Defending Against the Cancel Culture from the Inside Out."
Day Pitney Press Release
Day Pitney Press Release
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.