Well, 16 days later, the federal government is back and slowly returning to normal operations. Beginning today, federal employees are expected to report for their next regularly scheduled work shift. For private employers, this means that government deadlines, investigations and services will resume. E-Verify is once again fully functional. Employers who hired workers during the shutdown have until November 5, 2013, to open an E-Verify case for each employee hired during or otherwise affected by the shutdown. Employers who open new cases and receive a prompt asking why they did not open the case within three business days of the employee's date of hire should select "Other" from the dropdown menu, and enter "federal government shutdown" in the field. Employees who received a Tentative Nonconfirmation (TNC) between September 17 and September 30, 2013, have an additional 12 federal business days to contact the Social Security Administration or the Department of Homeland Security to resolve their cases. Employers who have employees who decided to challenge their TNCs during the period that E-Verify was unavailable should now initiate the referral process in E-Verify. The E-Verify Customer Support line is up and running again. Employers and employees may contact the support line at 888-464-4218, Monday through Friday 8:00 am to 5:00 pm local time. Expect response times to be longer than normal during these first days back as requests for assistance will likely be higher than normal. While the United States Department of Labor (DOL), the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) are open for business, those agencies have not announced what, if any, further delays will occur as they resume their normal operations. We will continue to monitor the government's resumption of ordinary functions and will keep you informed as matters develop.
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Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements.
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