Anticipating the impact of the federal government shutdown on DOL

Because no one knows how long it will last, the federal government shutdown that began on October 1 has bred uncertainty across all federal agencies, including within the Department of Labor (DOL) and its related offices. Here’s what we know.

Wage and Hour Division

According to DOL’s contingency plan, the Wage and Hour Division (WHD)—which is responsible for enforcing minimum wage and overtime laws as well as child labor laws—will cease most regulatory and enforcement activities, with the exception of matters that affect health and safety (such as child labor violations).

During the shutdown, the WHD will not conduct standard wage and hour investigations, conduct compliance audits, or provide technical assistance. All administrative hearings will be paused. Regulatory proceedings will also be paused, which may delay the repeal of the 2024 change to the independent contractor definition under the Fair Labor Standards Act (FLSA).

Equal Employment Opportunity Commission

Like the WHD, the Equal Employment Opportunity Commission (EEOC)—which is responsible for enforcing prohibitions on employment discrimination—will pause pending investigations and mediations.

The EEOC will, however, take necessary steps to intake new charges where the filing deadline may be near.

National Labor Relations Board