How the Government Shutdown is Affecting HR Departments

From E-Verify to EEOC claims, the shutdown is quickly complicating matters for employers.
By: | January 8, 2019 • 2 min read
Topics: Employment Law
government shutdown

The federal government went into a partial shutdown on Dec. 22 and there’s still no end in sight to what is now the second-longest shutdown in history.

As the New York Times reports, the shutdown’s effects are beginning to reverberate throughout sections of the American business community as far afield as Wall Street investors and craft brewers.

Even E-Verify is down.


The Department of Homeland Security, which oversees E-Verify, issued the following statement about its policies during the shutdown: “We understand that E-Verify’s unavailability may have a significant impact on employer operations. To minimize the burden on both employers and employees, the following policies have been implemented:

  • The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
  • The time period during which employees may resolve tentative nonconfirmations (TNCs) will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.
  • We will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.
  • Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
  • Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.

The Fisher Phillips law firm notes in a brief how an underfunded Equal Employment Opportunity Commission will also be shuttered during the shutdown: