Navigating a Government Shutdown: Recommendations from a Federal Employment Attorney

Updated October 27, 2025: As a federal employment attorney, I am warning clients that the current shutdown (2025) is different from before. Primarily because the U.S. Merit Systems Protection Board (MSPB) has shutdown operations and closed their E-Appeal system, according to this press release. This prevents federal employees from timely filing a claim. Years of experience as federal employment attorneys has made us incredibly cautious and unwilling to risk the "possibility" of timeline extensions being granted. Our firm has the MSPB fax number and is using "old fashioned" methods to file and to prove that the MSPB received those filings in a timely manner. Schedule a consultation to have an employment attorney file with the MSPB on your behalf.

Why Partnering with a Federal Employment Law Firm Matters During a Government Shutdown

We value the work government agencies do to enforce federal labor and employment laws and ensure 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 a Government Shutdown Has 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 Government 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 a Federal 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 federal government shutdown. For the most current information during an actual shutdown, please consult the relevant agency websites or contact our office for assistance.