Government agencies are critical to enforcing federal labor and employment laws, ensuring workplace fairness and compliance across the nation. However, during a government shutdown, these agencies—and the essential services they provide—grind to a halt. For employers and employees alike, this disruption can lead to uncertainty, delays, and legal complexities. That’s where a trusted employment law firm, like Quinn Patton, LC, becomes indispensable.
Below, we outline the impact of a government shutdown on key labor agencies and internal Equal Employment Opportunity (EEO) offices, and why proactive legal support is more important than ever.
The Impact on Federal Labor Agencies
EEOC During a Shutdown
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for investigating workplace discrimination complaints, mediating disputes, and litigating cases. In the event of a shutdown, the EEOC will furlough 95% of its employees, suspending most of its operations:
· Investigations: All charge investigations will be paused.
· Mediations and FOIA Requests: Scheduled mediations will be canceled, and Freedom of Information Act (FOIA) requests will not be processed.
· Litigation Continuation: According to its contingency plan, the EEOC will litigate cases without extensions, at least until federal courts exhaust their funding.
Importantly, the EEOC’s public portal will remain open for charge filings, and field staff will monitor cases requiring urgent action. However, a backlog will accrue, potentially causing employers to receive a notice of the right to sue as their first indication of a filed charge.
DOL During a Shutdown
The Department of Labor (DOL), another cornerstone of labor law enforcement, will furlough around 11,000 employees during a shutdown, leaving only a skeletal workforce to handle essential tasks:
Wage and Hour Division: Only 8 out of 1,421 staff members will remain, focusing solely on monitoring incoming complaints. All other enforcement activities will stop unless directly tied to the safety of human life or property.
OSHA Operations: The Occupational Safety and Health Administration (OSHA) will retain just over half its staff, prioritizing imminent dangers, fatalities, and catastrophes. Routine inspections and whistleblower protections will be suspended.
Office Closures: While DOL will continue investigations into child labor, imminent threats to human life, and inspections in high-hazard industries, many offices such as the Office of Administrative Law Judges (OALJ) and the Office of Federal Contract Compliance Programs (OFCCP) will shut down completely.
These operational halts create vulnerabilities for employers navigating labor compliance and worker disputes without the usual oversight and guidance from the DOL.
Federal Agencies’ EEO Offices and Attorneys
Federal agencies’ internal EEO offices and legal teams are not immune to the effects of a shutdown:
Furloughs: Most EEO staff, including counselors and investigators, will be furloughed.
Delayed Processes: Mediations, alternative dispute resolution (ADR) sessions, and litigation will be postponed, creating significant delays and backlogs.
Limited Support: Federal employees may still file discrimination complaints, but these complaints will likely remain unacknowledged until agencies reopen.
For both employers and employees, these disruptions can exacerbate workplace tensions and complicate dispute resolution.
The Case for Partnering with an Employment Law Firm
During a government shutdown, the absence of active oversight from federal agencies creates a compliance vacuum. Employers are left to navigate complex labor laws without the safety net of agency guidance, while employees may struggle to address workplace concerns in real-time. Here’s why hiring an experienced employment law firm like Quinn Patton, LC, is vital:
Proactive Compliance Support
A government shutdown doesn’t pause employers’ obligations to comply with federal labor laws. Legal counsel from Quinn Patton, LC, can:
- Conduct compliance audits to ensure adherence to wage, hour, and discrimination laws.
- Provide real-time guidance on workplace disputes and employee grievances.
- Develop proactive strategies to mitigate risks, even in the absence of active agency oversight.
Timely Resolution of Workplace Disputes
Shutdown-induced delays can leave workplace disputes unresolved for extended periods, increasing the likelihood of escalations. Our firm offers:
- Representation in mediations and arbitration to resolve disputes efficiently.
- Guidance on handling EEO complaints, even when agency operations are suspended.
- Strategic advice on responding to employee concerns to minimize legal exposure.
Moving Forward Together
A government shutdown doesn’t have to mean uncertainty and risk for your workplace. With the right legal partner, you can navigate these disruptions confidently and emerge stronger. Whether you’re seeking compliance support, dispute resolution, or litigation expertise, Quinn Patton, LC, is here to help.
Contact us today to learn more about how we can support your business during a government shutdown and beyond. Together, we’ll ensure your workplace remains compliant, productive, and resilient in the face of uncertainty.
Sources
1. U.S. Department of Labor, "Plan for the Continuation of Limited Activities During a Lapse in Appropriations" (October 7, 2024)https://www.dol.gov/sites/dolgov/files/general/plans/dol-contingency-plan.pdf
2. U.S. Equal Employment Opportunity Commission, "EEOC Contingency Plan in the Event of Lapsed Appropriations"https://www.eeoc.gov/eeoc-contingency-plan-event-lapsed-appropriations-0
3. Reed Smith Employment Law Watch, "The potential shutdown will significantly impact government agencies that enforce labor and employment laws" (September 29, 2023)https://www.employmentlawwatch.com/2023/09/articles/employment-us/the-potential-shutdown-will-significantly-impact-government-agencies-that-enforce-labor-and-employment-laws/#
The information provided in this blog post is based on official government contingency plans and may change depending on the specific circumstances of any future government shutdown. For the most current information during an actual shutdown, please consult the relevant agency websites or contact our office for assistance.
FAQ: How Government Shutdowns Affect Federal Employment Claims
Filing Discrimination Claims with the EEOC
Can I still file a discrimination charge during a shutdown?Yes, you can still file a discrimination charge with the EEOC during a shutdown. The EEOC will continue to accept new charges through their public portal to preserve filing deadlines. Field office staff will monitor submissions to identify charges that are near the end of their filing period.
Will my discrimination charge be investigated during a shutdown?No. While charges will be accepted, the EEOC will not investigate them during the shutdown. About 95% of EEOC employees will be furloughed, meaning most agency operations will be suspended.
What EEOC services are suspended during a shutdown?During a shutdown, the following EEOC services are suspended:
Investigation of charges
Mediation sessions
Federal sector hearings
Responses to correspondence, emails, or faxes
Outreach and education events
Processing of FOIA requests
Will I lose my right to file if the deadline falls during a shutdown?No. The EEOC will maintain minimal staff specifically to ensure that no charging party loses their right to file a timely charge of discrimination. The agency's public portal remains open, and staff monitor submissions for time-sensitive filings.
Filing Wage and Hour Complaints with the Department of Labor
Can I file a wage/hour complaint during a shutdown?Yes, the Department of Labor's Wage and Hour Division (WHD) will continue to monitor incoming complaints. However, they will only respond to emergencies that could result in irreparable harm.
What types of complaints will the DOL prioritize during a shutdown?During a shutdown, the DOL will only investigate:
Child labor violations, especially those involving hazardous occupations
Incidents involving serious injury or death of a minor
Transportation accidents or housing safety violations involving serious injury or death of farm workers
Will routine wage and hour investigations continue?No. The DOL will suspend all enforcement activities that do not involve emergencies related to the safety of human life or protection of property.
What other DOL services are suspended?During a shutdown, the following DOL services are suspended:
Routine enforcement activities
Regulatory work
Outreach and education activities
Processing of certifications
Technical assistance
Important Notes
Should I wait to file my complaint?No. If you believe you have experienced discrimination or wage violations, you should still file your complaint even during a shutdown. This preserves your rights and ensures your complaint is in the system when operations resume.
Will there be delays in processing?Yes. Once the government reopens, agencies will face a backlog of cases that accumulated during the shutdown. This may result in longer processing times for complaints filed before and during the shutdown.
Federal Employee EEO Complaints During a Government Shutdown
Filing and Processing Federal Sector Complaints
Can I still file a federal sector EEO complaint during a shutdown?Yes. The EEOC will continue to accept and docket new federal sector EEO complaints during a shutdown to preserve filing rights. However, most processing and investigation activities will be suspended.
Will my federal sector hearing continue during the shutdown?No. Federal sector hearings will be cancelled during the shutdown period. The EEOC will halt operations for all online constituent services, including federal sector hearings and appeals, except for keeping the public portal open for new submissions.
What happens to my pending federal sector appeal?Federal employees' appeals of discrimination complaints will not be decided during the shutdown. While the EEOC will maintain the ability to docket new appeals to preserve filing deadlines, the actual processing and review of pending appeals will be suspended.
How many EEOC staff will be available to handle federal sector cases?The Office of Federal Operations will retain only one staff member during the shutdown, specifically to protect filing dates for intake, phone, and mail functions. This means very limited services will be available.
Impact on Administrative Proceedings
Will Administrative Law Judge (ALJ) hearings continue?No. The Office of Administrative Law Judges will cease operations completely during a shutdown. Previously scheduled hearings will need to be cancelled and rescheduled.
What about filing deadlines that fall during the shutdown?The EEOC will maintain minimal staffing to ensure that no federal complainant loses their right to file an appeal or request for reconsideration. However, substantive processing of these filings will not occur until the government reopens.
After the Shutdown
Will there be delays in processing my case when operations resume?Yes. Since most EEOC operations will be suspended during the shutdown, there will likely be significant backlogs when normal operations resume. Federal sector cases pending at the time of the shutdown will face delays in processing.
What should I do if I have upcoming filing deadlines?You should still submit your complaints, appeals, or other filings by their original deadlines, even during a shutdown. The EEOC will maintain its public portal and minimal staff to accept these submissions. This ensures your rights are preserved even though processing will be delayed until the government reopens.
Agency EEO Offices
Will my agency's EEO office be operating during the shutdown?Most federal agencies' internal EEO offices will be closed during a shutdown, with their EEO counselors and investigators furloughed. This means:
EEO counseling sessions will be suspended
Investigations will be paused
Alternative dispute resolution (ADR) sessions will be postponed
Mediations will be cancelled
Comments