The government remains partially closed with no immediate end in sight. However, many federal agencies remain open including the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL), which includes OSHA and the Office of Federal Contract Compliance (OFCCP). These agencies are fully staffed and have remained operational during the shutdown.
E-Verify Service remains unavailable during the shutdown. Regardless of E-Verify service being unavailable, employers should continue to complete the I-9 verification process when required during the government shutdown. We recommend that employers complete Form I-9 hard copies until funding is restored. Therefore, employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements.
The Equal Employment Opportunity Commission (EEOC) remains closed. The EEOC is not staffing its toll-free numbers and all EEOC digital portals are closed and not accessible to the public. Click here for additional information.
The deadline for filing the 2018 EEO-1 Report is March 31, 2019. That was, of course, before the government shutdown. While the EEOC anticipated that the EEO-1 survey would open in early 2019 and that covered employers would receive a notification letter in January, the EEOC has not provided the employer community an update as to the status of this year’s filing and/or whether an extension will be issued.
Therefore, as of today, filing the EEO-1 remains mandatory for employers with 100 or more employees and for federal contractors with 50 or more employees, and the filing deadline remains March 31, 2019. MRA recommends that employers continue to compile the report assuming a March 31, 2019, deadline. We will keep you updated of any changes to this timeline.
Source: Michael Hyatt, HR Government Affairs Director, MRA – The Management Association