Workplace Investigations Largely Shut down, but Courts Remain Open during Shutdown for Now

Investigations into labor and employment matters will largely cease as the Department of Labor (DOL), the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) have very limited operations during the funding freeze.  Neither unfair labor practices charges at the NLRB nor discrimination charges at the EEOC will be processed, and the same applies to union representation cases.  At the Occupational Safety and Health Administration (OSHA), all non-essential enforcement efforts will be suspended, but about a quarter of the staff members will be retained to continue operations on enforcement activities deemed emergencies.  OSHA will also continue enforcement activities on open cases as needed to meet its six-month statutory deadline to issue citations.  It does appear that the EEOC during the shutdown will continue to accept discrimination charges but will not investigate them.  For the DOL, it appears that certain critical matters such as the investigation of child-labor violations will continue.

The situation in the federal court system is somewhat different, as they operate from separate funds that are enough to pay staff at least until October 17.  When the funds run out, it is likely that the federal court system will address only those cases that must constitutionally be required to move forward.  In the federal system, each court will determine its own resources needed to support core work. 

Questions? Need more information? Call Jim Wimberly or Jim Hughes at 404-365-0900.

Download Alert as a PDF