GOVERNMENT SHUTDOWN

The government shutdown will have several notable impacts on our members, with federal contractors experiencing the most significant temporary impacts. See below for a few notable examples as well as links for more information about the government shutdown and the programs it impacts.

E-verify: The E-verify program will cease to be operational during a shutdown.The Department of Homeland Security and USCIS have stated that they will be providing guidance to employers attempting to use e-verify on the e-verify website.  There is an existing Memorandum of Understanding regarding an e-verify shutdown which says "If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer’s attempting, in good faith, to make inquiries during the period of unavailability." (See Article II C (II) of the MOU).  Bottom line: Contractors attempting to use e-verify should go to the e-verify website where guidance should be forthcoming.

Wage & Hour Division: DOL’s Wage & Hour Division will cease operations for the entirety of the shutdown.  All Wage & Hour laws will remain in place and must be adhered to.  However, most inquiries and requests of WHD will be held in abeyance until the government re-opens.

NLRB: The NLRB has posted its shutdown plan here. It states that "[i]n the event of an appropriations hiatus, it is the policy of the NLRB to: A. Commence the orderly and expeditious shutting down of all but emergency NLRB functions by securing files, property, and office facilities.B. Ensure that the NLRB meets its responsibilities to the parties in current unfair labor practice and election case proceedings consistent with the Anti-Deficiency Act. C. Ensure that NLRB employees are fully informed as to the reasons for the shutdown; and that payroll and other employee benefit responsibilities are met. D. Ensure that the NLRB retains the ability to respond to unfair labor practice incidents that might result in irreparable harm to the private sector economy."  Of the 1,611 employees at the NLRB, 1600 are deemed "non-essential" and will be furloughed.

For an exhaustive list of governmental shutdown implications, click here.

For further legal guidance on the shutdown, ABC’s General Counsel, Littler Mendelson, has provided this memorandum.

AGC's Federal Government Shutdown Resource Center: click here.