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 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. It does appear that the EEOC during the shutdown will continue to accept discrimination charges, but will not investigate them.
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.
This article is part of our November 2025 Newsletter.
View the newsletter online
Download the newsletter as a PDF
Related Content
Get Email Updates

FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms

The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs

Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection

Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?

Suggestions on Use of AI


