With less than a week left on the December 21st deadline to reach a spending deal and avoid another government shutdown, tensions are high in Washington D.C.  On Tuesday, President Trump stated he would refuse to sign a spending bill that did not contain a $5 billion allocation for a border wall.  It is questionable, however, whether such a bill would pass in the House or Senate. Thus, it is possible we will see the third shutdown of certain government agencies in this presidential term.

As background, Congress previously approved, and President Trump signed into law, five spending bills providing funding for about 75 percent of the federal government, including defense, education, labor, health and human services, the legislative branch, energy and water, military construction, and veterans affairs.  There are still seven other spending bills that need legislative agreement, including those that provide funding for agriculture, commerce, justice, science, interior and environment, state and foreign operations, Homeland Security, financial services, general government, transportation, and housing and urban development. Thus, certain agencies (such as the EEOC) are still at risk of shutdown and according to a fact sheet released by the Senate Appropriations Committee staff, more than 420,000 essential government workers would be expected to work without pay if a partial shutdown occurs.   However, based on the previous funding agreements, even if there is a government shutdown, OFCCP (which is under the Department of Labor) will keep running.

So, while other agencies of the government may feel the effects of a government shutdown, OFCCP and the federal contractors they regulate, should not be impacted if a funding agreement is not reached.

 

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Photo of Tiffany A. Buckley-Norwood Tiffany A. Buckley-Norwood

Tiffany A. Buckley-Norwood is a Principal in the Detroit, Michigan, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Ms. Buckley-Norwood represents employers in federal and state lawsuits, administrative proceedings and appellate cases regarding FMLA…

Tiffany A. Buckley-Norwood is a Principal in the Detroit, Michigan, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Ms. Buckley-Norwood represents employers in federal and state lawsuits, administrative proceedings and appellate cases regarding FMLA leave and breach of contract, in addition to claims based on discrimination, harassment and retaliation. She also counsels HR professionals and business leaders on best employment practices, drafts employee handbooks and agreements, conducts liability prevention training at employer worksites, and advises employers on compliance with the OFCCP’s affirmative action requirements for federal contractors.

Learn more about Ms. Buckley-Norwood on the Jackson Lewis website.

Photo of Laura A. Mitchell Laura A. Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the…

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

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