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‘Tis the Season for Budget Negotiations: What is the Potential Impact of Another Government Shutdown?

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.

Jackson Lewis P.C. © 2019

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About this Author

Tiffany Buckley Norwood, Jackson Lewis Law Firm, Employment Litigation Attorney
Principal

Tiffany A. Buckley-Norwood is a Principal in the Detroit, Michigan, office of Jackson Lewis P.C. Her practice focuses on employment litigation and counseling.

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,...

248-936-1939
Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
Principal

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (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.  Ms. Mitchell also spends significant time counseling clients in connection with conducting pay equity analyses.

Ms. Mitchell is also on the leadership team for the firm’s Government Contractor Industry Group and a member of the firm’s Pay Equity Resource Group.

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

Prior to joining Jackson Lewis, Ms. Mitchell counseled management as an in house attorney with a national telecommunications company.

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