At this time, courts and agencies have issued the following notices regarding the government shutdown and its impact on access and deadlines.
Federal Courts – most (but not all) are open for business for te time being
Based upon information from the Administrative Office of the United States Courts, "[i]n the event of a government shutdown on October 1, 2013, the federal Judiciary will remain open for business for approximately 10 business days. On or around October 15, 2013, the Judiciary will reassess its situation and provide further guidance. All proceedings and deadlines remain in effect as scheduled, unless otherwise advised. Case Management/Electronic Case Files (CM/ECF) will remain in operation for the electronic filing of documents with courts."
EEOC – shutdown plan has been published
Activites that will not occur during a shutdown:
• Staff will not be available to answer questions from the public, or to respond to correspondence from the public.
• While we will accept charges that must be filed in order to preserve the rights of a claimant during a shutdown, these charges will not be investigated.
• Insofar as the courts grant EEOC’s requests for extensions of time, EEOC will not litigate in the federal courts.
• Mediations will be cancelled.
• Federal sector hearings will be cancelled, and federal employees’ appeals of discrimination complaints will not be decided.
• Outreach and education events will be cancelled.
• No FOIA requests will be processed
Activities that will occur during the shutdown:
• Intake of charges of discrimination, hearing requests and OFO appeals.
• Evaluation and handling, if necessary, of any charge that might require EEOC to seek a temporary restraining order or other preliminary relief under Section 706(f)(2) of Title VII, 42 U.S.C. § 2000e-5(f)(2).
• Work on ongoing litigation for which an extension has not been granted. Where an extension has not been granted, the attorney would be excepted from the furlough only for that matter.
• Maintenance of the security, integrity, and viability of EEOC information systems.
• Maintenance of the security of EEOC’s offices and property.
• Administrative support for the excepted "emergency" functions. For example, depending on the timing of a shutdown, staff may be retained for the purpose of submitting time cards through the Quicktime electronic time card system. Support staff, including paralegals, could be retained to assist in unextended litigation.
The NLRB notes the following impact on the tolling of time:
• Tolling of time for filing documents, including briefs and appeals;
• Postponement of unfair labor practice hearings before Administrative Law Judges;
• Postponement of representation elections and hearings; and
• Timeliness of charges and petitions. Please note that the six-month statute of limitations remains in effect for the filing of unfair labor practice charges. Please consult the Federal Register Notice for specific instructions.
US Department of Labor – The US Department of Labor website notes that the Department of Labor is closed due to the suspension of Federal government services.
Please check the following links for the following agencies regarding government shutdown:
Federal Communications Commission (FCC)
Federal Energy Regulatory Commission (FERC)
Federal Trade Commission (FTC), USDA, and Department of Justice currently are off-line until the end of the shutdown