Law.com/ Corporate Practice’s best advice to lawyers, especially general counsel, during the federal government’s shutdown is a simple “be patient.” Briggs & Morgan veteran Mike Moberg, though, with almost two decades of employment law experience behind him, has a few ideas in an article posted this morning to help counsel get through in the meantime:
•Keep Deadlines & Statutes of Limitations in Mind
[ Example: Moberg notes that while “most federal agencies that have ceased operations are pushing up paperwork deadlines during the shutdown -- not all of them. The National Labor Relations Board is granting time extensions wherever it can, but it hasn’t nixed the six-month statute of limitations to file an unfair labor practice charge” ]
• Don’t procrastinate on employee verifications
[ “When the government shut down, so did E-Verify, the program businesses use to check employment eligibility. That doesn’t release corporations from the obligation of complying with verification rules, Moberg said. According to a statement from the Department of Homeland Security “employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.” ]
• Continue to expect delays even after the shutdown ends – whenever that is
[ As the government shutdown continues paperwork is going to pile up, and it’s going to be magnified the longer the shutdown goes on. Moberg recommends that counsel send emails now and after the shutdown to make sure every need is addressed.]
Corporate Practice has a second posting on contingency plans set up by federal regulators during the shutdown along with links compiled by the Office of Management and Budget to all of the available agency plans.