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Archive for the ‘Government Shutdown’ Category

With Shutdown Over, OPM provides Guidance on Back Pay for Federal Employees

Thursday, February 14th, 2019

In late January, federal employees across the country returned to work for the first time in over a month.  In an effort to provide retroactive pay as quickly as possible, The U.S. Office of Personnel Management (OPM) has issued guidance to federal agencies impacted by the shutdown to explain how their employees should receive back pay and other benefits.

Back Pay

Employees who were furloughed will receive back pay at their standard rate of pay for the time that they would have been in a regular pay status if the shutdown had never occurred. This includes overtime pay, night pay or other premium pay (e.g. LEAP, holiday pay, etc.) that the employee would have received.

However, if an employee was scheduled to be in a non-pay status during the shutdown, including Leave Without Pay (LWOP) or serving a suspension, then the employee is not eligible for backpay during that period, including holidays.

For excepted employees who were required to work without pay during the shutdown, they will receive their regular pay for the hours they actually worked, including any overtime or other premium pay. Conversely, if the employee did not show up for work and did not request leave, they will be marked absent without leave (AWOL) and will not receive back pay.

For any employees who received unemployment payments during the shutdown, the state involved will receive notice of the back-pay amount and then make a determination as to what repayment is required.

Leave

Furloughed employees cannot be charged paid leave or other paid time off during the shutdown, even if they had prescheduled paid leave. On the other hand, excepted employees may be charged leave – and compensated for it through back pay – for periods during the furlough where they used paid leave in lieu of reporting to work.

Many employees were planning to take “use or lose” annual leave but were furloughed before they could do so. According to OPM, agencies must restore any annual leave that was scheduled in writing prior to November 24, 2018. Note that restoration of leave will not apply to scheduled leave for December 24, which was declared a federal holiday in 2018, unless the employee can show they would have rescheduled the leave for another day. Restoration also does not apply to leave that had previously been restored. In those instances, the leave is lost for good.

Similarly, employees who were unable to use compensatory time off in lieu of overtime pay due to the shutdown will be paid for such time. Compensatory time off for travel that was forfeited can be restored and extended for another 26 pay periods.

In regard to accruing leave during the shutdown, all employees receiving back pay are considered in a pay status for that period and will also accrue leave at normal rates.

FMLA

The Family Medical Leave Act (FMLA) provides unpaid leave for up to 12 weeks but employees are permitted to substitute paid leave during this time to continue receiving pay.  For employees that were on FMLA during the shutdown, back pay will be dependent on whether the employee was scheduled to substitute paid leave. If the employee had planned to use paid leave during their FMLA leave period, these employees will not only receive back pay but they will also not be charged any leave. However, employees scheduled to be in a non-pay status (i.e. FMLA LWOP), will not receive back pay. For all employees using FMLA leave, the shutdown period will still count toward their 12 weeks of protected leave.

Benefits & Retirement

Employees are also entitled to retroactive benefits. Deductions will be taken out of the back-pay checks to cover employee contributions to health and retirement plans. Loan payments to Thrift Savings Plans (TSP) will also be made.

For those employees who requested to retire during the shutdown, the retirement will be made effective retroactively to the date requested and no back pay will be received after that date.

It isn’t yet clear when agencies will begin making these retroactive payments. If you believe the agency has incorrectly calculated your back pay or you have been improperly denied any benefits as a result of the shutdown, you should contact an experienced federal employment attorney to determine what options you have to protect your rights.

About the Author: Alan Lescht has been successfully litigating employment discrimination, civil rights, and commercial litigation cases for more than 30 years and has won dozens of notable trials. He is the founding partner of Alan Lescht and Associates, PC, where he oversees the firm’s employment litigation and counseling practices.

Meet the Militant Flight Attendant Leader Who Threatened a Strike—And Helped Stop Trump’s Shutdown

Monday, February 11th, 2019

The government shutdown introduced America to an audacious new voice in the labor movement: Sara Nelson. While receiving the MLK Drum Major for Justice Lifetime Achievement Award from the AFL-CIO on January 20, Nelson, the International President of the Association of Flight Attendants-CWA, called for a general strike to support the 800,000 federal employees who were locked out or forced to work without pay. “Dr. King said, ‘their destiny is tied up with our destiny,’” Nelson told a cheering crowd of labor leaders. “We cannot walk alone.”

Absences among air traffic controllers on the 35th and final day of the shutdown, causing ground stops at LaGuardia Airport in New York and elsewhere, contributed to the eventual resolution of the standoff. Before the shutdown ended, flight attendants were mobilizing to walk out as well—as Nelson said, “if air traffic controllers can’t do their jobs, we can’t do ours.” Simply floating the idea of labor unrest raised the stakes. Nelson, who took over leadership of the AFA in 2014, broke an unwritten rule by expressing the logical endpoint of the power workers hold in their hands.

“I was very aware when writing that speech that it was going to be a moment and it was going to make a lot of things possible,” she told In These Times during an interview last week in Los Angeles. “There has been this hopelessness, this feeling that the problems are out of our reach. So setting a bold course and being bold about the action that we need to take was something that I knew people would respond to.”

That urgency has yet to dissipate. The shutdown was merely put on pause—government funding runs out again February 15. It’s entirely possible that workers could again get furloughed and cut off from pay. And Nelson wants everyone to understand how her members are willing to sacrifice in response.

“I know how dangerous a day 36 of the lockout would be,” she said, referring to a resumption of the shutdown. “We’re going to continue running as fast as we can right up to February 15, so that we can take action immediately on February 16 if necessary.” If flight attendants do take action, other unions and even the airlines themselves may get behind them. That’s because the shutdown inserted fundamental risk into the air travel system.

Nelson, a 23-year rank and file flight attendant with United Airlines who still occasionally works trips, thinks that it will take years for the aviation industry to recover from the shutdown and the issues that preceded it. Nearly 20 percent of all air traffic controllers are currently eligible to retire, a figure that rises to 40 percent in the New York City area, Nelson said. Staffing was at a 30-year low before the shutdown. The political uncertainty could easily convince air traffic controllers into cutting their careers short. And the training required for such a difficult job means that replacing these workers will take time.

“If you have a 99.5 percent efficiency rate in a job, people applaud you, you get awards, right?” Nelson explained. “If an air traffic controller has a 99.5 percent efficiency rate, 50 planes go down a day.”

Fewer people managing plane traffic means reduced capacity in the air. That has an economic impact, compounded by the shutdown’s temporary halt on installing improved safety measures like the NextGen modernization—an FAA-led effort to modernize the United States’ transportation system. Even after the shutdown, NextGen has not rolled back to life, Nelson said. “No contractor is going to come to work when they think they’re going to have to shut down in two weeks possibly.”

Amid this economic uncertainty and threat to safety, Nelson has signaled a critical need for worker action. The labor strike is having a renaissance in America. Teachers across the country—even in states like West Virginia where striking is illegal—have withheld their labor to bargain for better pay, conditions and outcomes for their students. Hotel workers at Marriott spent two months on the picket lines this winter to win concessions from management.

As Nelson understands, the willingness of workers to strike has powerful effects. The Association of Flight Attendants resolved a dispute in 1993 with Alaska Airlines—which led to as much as 60 percent pay raises for workers in some cases—by only striking seven flights. The union called it CHAOS: “create havoc around our system.” With air travel so interconnected and interdependent, the ever-present threat of CHAOS has helped lead to labor peace.

The right to strike is a privilege that federal employees are denied; they are legally prohibitedfrom walkouts, and they can be terminated, hit with the loss of a federal pension, and even personally prosecuted for defying the law. “Those federal workers were actually very courageous,” Nelson said. “Because in my view what the White House wanted here was for the workers to strike. They wanted to replace them so they could privatize the entire system.” This is not so far-fetched—President Trump has publicly supported air traffic control privatization.

Nelson believes that the heroic efforts of federal workers to show up to work without pay demands that the labor movement support them with solidarity strikes, part of her desire to shake up the status quo. “If we try to play by the rules, we’re only going to continue to decline,” she said.

Part of Nelson’s power derives from the union she leads. Flight attendants are a uniquely consumer-facing profession that comes into contact with millions of Americans every day. And they share with passengers the indignities of air travel, a by-product of corporate greed and industry consolidation that has left four carriers controlling 80 percent of all domestic routes. With few alternatives for passengers, shrinking seats and overhead bins have heightened tensions in the cabin, and flight attendants are bearing the brunt. According to Nelson, “Our union, our bread and butter issues are absolutely tied up in this overall fight that I think is really about, are we going to be about people or are we going to be about politics and profits?”

In the near term, that fight is translating into mass mobilization against the threat of another shutdown. Nelson’s union is leafleting at airports and communicating to the public between now and February 15 to identify the stakes, and making clear that members are committed to walking out if necessary. They’re also advocating for a permanent end to government shutdowns, and back wages for low-income federal contract workers who were furloughed.

One moment during the previous shutdown has stuck with Nelson, a reminder of the unifying force of cross-sector solidarity. “I was doing interviews on the shutdown in a cab ride” in Washington, D.C., Nelson recalled. “And when I got to the office and went to get out and pay my fare, the cab driver turned around and his chin was shaking and his eyes were watery. And he said, ‘Thank you, I know you’re fighting for me too.’ It was like, oh yeah, there’s been nobody on the streets, and he’s had no fares. And that really shook me, because we don’t really understand how much the effect ripples.”

This notion that we all have a stake in one another’s struggles has driven Nelson’s thinking throughout this government-created crisis, and it’s elevated her to a prominence that could portend a larger role in the future. Nelson begged off such thoughts, insisting that she was focused on saving the lives of her members and airline passengers. But she did leave some room to consider the broader lessons of collective action, in a moment when so many forces are aligned against the working class: “I’m very aware that if we do it well, it’s an opportunity for workers to taste their power.”

This article was originally published at In These Times on February 8, 2019. Reprinted with permission. 

About the Author: David Dayen is an investigative fellow with In These Times‘ Leonard C. Goodman Institute for Investigative Reporting. His book Chain of Title: How Three Ordinary Americans Uncovered Wall Street’s Great Foreclosure Fraud won the 2015 Studs and Ida Terkel Prize. He lives in Los Angeles, where prior to writing about politics he had a 19-year career as a television producer and editor.

The longest shutdown in U.S. history will have lingering consequences for federal workers

Monday, January 28th, 2019

Though President Donald Trump and Congress finally brokered a deal to end the longest federal government shutdown in U.S. history, members of the federal workforce are still left dealing with the financial pain it caused.

The partial shutdown stretched on for 35 days, depriving government employees of two paychecks. Although President Donald Trump said on Friday that federal workers will receive back pay “as soon as possible,” about 800,000 workers — many of whom have had to take out loans and find part-time work — will have to wait late into next week to receive their pay. Contract workers aren’t eligible for back pay at all.

Randy Erwin, the president of the National Federation of Federal Employees, said in a statement that the record-breaking shutdown “caused irreparable harm to working families across the country,” calling it a “shameful chapter in American history.”

“Federal workers and others have resorted to selling their possessions, and many have defaulted on loans and mortgages in order to afford heat, medicine, and food,” Erwin said.

The 35-day partial government shutdown exposed the reality that many Americans are living in financially precarious situations.

Seventy-eight percent of full-time workers say they live paycheck-to-paycheck, according to a 2017 CareerBuilder report. And 40 percent of adults say they would struggle to take on an unexpected $400 expense, reporting they would be forced to sell their belongings, borrow money, or forgo paying the bill at all, a 2017 Federal Reserve report found.

The people who make up the federal workforce often face specific financial constraints.

Federal worker salaries on average fall behind the salaries of their private sector counterparts by 31.86 percent, according to a 2018 Federal Salary Council report. In an executive order issued in December, Trump said pay rates for federal civilian employees would remain stagnant in 2019, claiming that approving a pay raise for federal workers would be “inappropriate” given the financial challenges facing the government.

The federal contractors who won’t receive back pay to compensate them for their missed hours of work are particularly vulnerable. Some estimates find that 40 percent of the entire government workforce is made up of contract workers, totaling 3.7 million people.

“I think [contractors] get lost by the wayside in the concentration on the 800,000 people who are direct employees of the federal government,” said Ken, a contractor for the Federal Aviation Administration who is based in New Jersey, during a Wednesday protest against the shutdown at the Hart Senate Building. 

Sen. Tina Smith (D-MN) — along with Sens. Mark Warner (D-VA), Chris Van Hollen (D-MD), Sherrod Brown (D-OH), Ben Cardin (D-MD) and Tim Kaine (D-VA) — introduced legislation earlier this month that would require federal agencies to work with contractors’ companies to secure back pay for those workers.

While the government was partially shuttered, unpaid workers still needed to figure out what to do about their bills. This month, unpaid federal workers owed about $438 million in mortgage and rent payments — which breaks down to $189 million in rent payments and $249 in mortgage payments — according to a report from the real-estate firm Zillow.

Federal workers told ThinkProgress that the shutdown forced them to take out loans, file for unemployment, take on part-time work, and even consider leaving town. Some of the choices they made over the past month may have lasting financial repercussions.

Patricia Floyd-Hicks, a furloughed worker for the Equal Employment Opportunity Commission (EEOC) who attended Wednesday’s protest at the Hart Senate Building, told ThinkProgress that she had to dip into her savings as she prepares to retire.

Federal workers also worry that the shutdown could damage their credit scores, since workers only need to miss one credit card payment to have points taken off their credit score. Credit-scoring experts told CBSNews that it isn’t easy for a company like FICO to adjust its model in response to an event like the shutdown.

Although the government has reopened for at least the next three weeks, it’s unclear what will happen once lawmakers reach the February 15 deadline for the short-term spending bills that passed Friday. The uncertainty and financial instability is too much for some employees.

Several federal workers told ThinkProgress they are seriously considering whether they should leave the federal government altogether. According to research from the employment-related search engine Indeed, they fit into a bigger trend, as furloughed workers have been searching for jobs at an increased rate during the shutdown.

Indeed’s director of economic research, Martha Gimbel, compared job searches on the Indeed platform among employees in agencies across the government. She found that TSA workers’ job searches were up about 30 percent compared to the same time last year, while IRS workers’ job searches rose about 50 percent. Department of Health and Human Services workers’ searches were up 80 percent over this period last January.

The government watchdog group National Taxpayer Advocate estimates it will take about a year for the IRS’ operations to return to normal, according to the Washington Post — and one of the reasons for the delay, the group says, is that many of the agency’s workers have already decided to leave for the private sector.

Financial struggles can affect people’s mental health in serious ways, as research has shown. University of Southampton researchers published a 2013 report finding a significant relationship between debt and mental disorder, including depression. Findings from a 2016 study on U.S. households “suggest that short-term debt may have an adverse influence on psychological wellbeing.”

Many federal workers have now experienced this strain firsthand. When President Donald Trump threatened to keep the government partially shut down for months or even years, Jordan — who works for the U.S. Department for Housing and Urban Development, and who asked to withhold their full name and gender out of fear of retaliation for speaking to the press — said the “real shock” of hearing this remark “led me to some crazy thoughts.”

“There is a bit of fear that raged through my body,” Jordan said.

This article was originally published at ThinkProgress on January 26, 2019. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

As shutdown becomes longest in U.S. history, federal employees sue over working for no pay

Monday, January 14th, 2019

The government shutdown dragged on for a 22nd day on Saturday, making it the longest in American history. On Friday, 800,000 federal employees went without their paychecks. And though President Trump insists “the buck stops with everybody,”  51 percent of Americans are placing blame for the shutdown him and him alone, according to a Reuters/Ipsos poll.

On Friday, federal employee unions filed a lawsuit accusing the government of violating federal labor laws by forcing “essential” employees to continue to work through the shutdown, even though they aren’t being paid. These unions — the National Federation of Federal Employees, the National Association of Government Employees, the National Weather Service Employees Organization — have sued in the U.S. Court of Federal Claims. They allege that by not paying workers minimum wage and overtime, the federal government is violating the Fair Labor Standards Act.

In a statement, NFFE National President Randy Erwin said:

“In this country, when a worker performs a day’s work, he or she is entitled to a day’s worth of compensation. That is how working people provide for their families. Because of the chaos this wasteful government shutdown is causing, the government is trying to pay people in I.O.U.s. With this lawsuit we’re saying, ‘No, you can’t pay workers with I.O.U.s. That will not work for us.’”

The National Air Traffic Controllers Association also sued the federal government Friday, as its workers, too, work sans pay throughout the shutdown. Their lawsuit argues that the administration is in violation of the Fair Labor Standards Act as well as the Fifth Amendment, asserting that it “unlawfully deprived NATCA members of their earned wages without due process,” as the group wrote in a press release. According to The Hill, NATCA is asking for a hearing on its motion for a temporary restraining order against the government.

Politico reports that the Office of Management and Budget is working on “a special mid-cycle pay disbursement for impacted agencies” so that employees can be paid swiftly — that is, once the shutdown ends.

One thing that would not end the shutdown, according to the White House, is the declaration of a national emergency, a move Trump is said to be giving serious consideration.

Sources told Politico that White House officials have urged congressional Republicans to manage their expectations about the shutdown coming to a speedy conclusion in the event that Trump declares a national emergency at the border.

This article was originally published at ThinkProgress on January 12, 2019. Reprinted with permission. 

About the Author: Jessica M. Goldstein is the Culture Editor for ThinkProgress.

Government shutdown will force Miami airport to close one terminal early in coming days

Friday, January 11th, 2019

Transportation Security Administration officials have tried to downplay the impact of airport security screening officers calling out sick during the government shutdown, but this one will be hard to wave off: Miami International Airport will be closing a terminal early for three days.

According to an airport official, “Due to an increased number of TSA screeners not reporting to work, we have decided to take this precautionary step and relocate about 12 flights to adjoining concourses in the afternoons.” Twice as many TSA screeners are calling out sick as usual at Miami, forcing this drastic move.

It’s another reminder of what it means when 800,000 people don’t get paid. If they go to work, “essential” employees like TSA screeners face costs for commuting and child care. If they stay home, they don’t have to pay their childcare providers … who then lose income as a more-or-less direct result of the shutdown. Just as the people who work in the shops and restaurants of the Miami terminal will presumably lose income when it closes early on Saturday, Sunday, and Monday.

In the case of TSA screeners, the economic pressure pushing them to call out sick will also affect travelers who may face longer lines at Miami in the coming days, just as passengers at New York’s LaGuardia did last weekend. And airport screening isn’t the only part of flying that’s taken a hit during the shutdown. Airline pilots have warned about the lack of FAA safety inspectors; flight attendants and air traffic controllers have warned about stresses on the air traffic control system; and industry groups summed it all up in a letter saying that “This partial shutdown has already inflicted real damage to our nation’s aviation system and the impacts will only worsen over time.”

This blog was originally published at DailyKos on January 11, 2019. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at DailyKos.

Federal workers protest against government shutdown across the country

Tuesday, January 8th, 2019

As the partial government shutdown stretches into its third week — making it the second longest shutdown in U.S. history — federal workers in Philadelphia took to the streets Tuesday to protest the White House and congressional inaction that has left them without work and pay for 18 days.

About 150 workers from various government agencies, including the Transportation Security Administration and the Department of Housing and Urban Development, joined the rally organized by the American Federation of Government Employees (AFGE), with the support of the National Treasury Employees Union (NTEU). Organizers called for an end to the shutdown that began late last month over President Donald Trump’s demand for $5 billion in funding to build a wall along the U.S.-Mexico border.

Nearly 800,000 federal workers across the country have been affected by the shutdown.

“It is unconscionable that many employees are having to work – and in some cases overtime – with no pay whatsoever,” NTEU National President Tony Reardon said in a press release Monday. Reardon’s organization filed a lawsuit against the Trump administration Monday, alleging that the shutdown violates the Fair Labor Standards Act by requiring federal employees to work without pay.

“Many of us used our credit cards to pay for Christmas and now we’re being hit with high interest rates on that. So, it’s really overwhelming,” Jan Nation, a protester who works for the EPA, told NBC Philadelphia Tuesday. “We don’t want a wall, we want to do our jobs.”

Philadelphia rally organizers also plan to travel to Washington, D.C. on Thursday for a second protest outside the AFL-CIO headquarters. Several hundred workers from multiple unions are expected to attend Thursday’s protest, which will be followed by a march to the White House.

Federal workers in St. Louis and Boston have also organized or plan to hold rallies in opposition to the government shutdown, despite Trump’s comments to reporters last week that federal workers “agree 100 percent with what I’m doing.”

In St. Louis, which is home to a U.S. Department of Agriculture office that employs 1,200 federal workers, a small contingent of USDA employees spent much of last Friday and Monday rallying outside their offices.

“We’re just tired of being held hostage,” Don Pusczek, a USDA accountant, told the St. Louis Post-Dispatch Friday. “The longer it lasts, the more the bills pile up and don’t get paid.”

Federal workers in Boston also plan to hold an AFGE-organized rally Friday outside the offices of the Environmental Protection Agency in the city’s Post Office Square.

“Federal employees want to go back to work. They believe in their mission and want to provide quality services to the American people,” AFGE President J. David Cox Sr. said in a statement Monday. “These are real people, with real lives and real responsibilities. It’s time to end this shutdown, open the government, and get federal employees back on the job — with pay.”

This article was originally published at ThinkProgress on January 8, 2019. Reprinted with permission. 

About the Author: Elham Khatami is an associate editor at ThinkProgress. Previously, she worked as a grassroots organizer within the Iranian-American community. She also served as research manager, editor, and reporter during her five-year career at CQ Roll Call. Elham earned her Master of Arts in Global Communication at George Washington University’s Elliott School of International Affairs and her bachelor’s degree in writing and political science at the University of Pittsburgh.

USDA Does Not Have The Cash To Keep Food Stamps Running If The Government Shuts Down

Thursday, September 24th, 2015

AlanPyke_108x108Tens of millions of vulnerable Americans would lose their food stamps benefits if Republicans bent on defunding Planned Parenthood force the second government shutdown of the Obama era next week, the United States Department of Agriculture (USDA) warned on Tuesday.

Unlike the 2013 shutdown when cash reserves allowed Supplemental Nutrition Assistance Program (SNAP) benefits to be disbursed as normal, “USDA will not have the funding necessary for SNAP benefits in October and will be forced to stop providing benefits within the first several days of October,” a spokeswoman told the Associated Press. The agency notified state SNAP administrators on Friday that they should not begin the process of doling out October’s food stamps dollars this week as they normally would.

Without a deal, funding for normal government operations will run out at the end of September. In response to the news that a shutdown would cut off food stamps to as many as 45 million people, Senate Agriculture Committee Chairman Pat Roberts (R-KS) issued a statement saying the way to avoid a shutdown is for Democrats to get on board with cutting off federal funding for women’s healthcare. “The best way to ensure SNAP recipients receive needed support is to vote for the [continuing resolution],” Roberts told the Huffington Post. “I’m prepared to do so, and if members are worried about SNAP funding, they should too.”

The funding measure Roberts referenced would zero out federal funds to Planned Parenthood, the national women’s health organization that’s been smeared by pro-life activists as improperly profiting off the sale of aborted fetal tissue. Many of Roberts’ House colleagues have pledged to shut down the government if the group doesn’t have its funding cut off. State lawmakers in some parts of the country have already moved to restrict the group’s ability to provide a wide range of health services to low-income women who depend on Planned Parenthood clinics. In a quarter of all the counties where the group has a presence, the clinics are the only source of affordable contraceptive services for women of little means.

The 2013 government shutdown caused disruptions in a variety of federal services including thejob training programs that unemployed people rely on to fulfill the eligibility requirements of SNAP. But the money for food itself was able to continue flowing because the USDA had sufficient cash in reserve to put the appropriate funds on peoples’ cards. That isn’t the case this time, lawmakers briefed by the agency say.

Cutting off SNAP would mean shooting the U.S. economy in the foot. The benefits more than pay for themselves, generating close to two dollars of economic activity for every dollar of benefits doled out by the USDA. Plugging up the flow of money from the federal government to low-income families to the grocery stores where they shop would have ripple effects on businesses and on tax revenue for public coffers.

The timing of the possible shutdown would exacerbate that natural chain of harmful knock-on effects. Most SNAP beneficiaries have already spent down their full monthly benefit by about midway through any given month. That cycle puts a crunch on grocery stores as well, distorting the hours they can sensibly schedule workers to be in the store and shifting how they stock their shelves. The USDA’s early warning about SNAP being cut off may have some political ramifications in the Congressional tussle over government funding, but it also serves as a more practical heads-up to the economic ecosystem surrounding the food stamps program.

This blog was originally posted on Think Progress on September 23, 2015. Reprinted with permission.

About the Author: Alan Pyke is the Deputy Economic Policy Editor for ThinkProgress.org. Before coming to ThinkProgress, he was a blogger and researcher with a focus on economic policy and political advertising at Media Matters for America, American Bridge 21st Century Foundation, and PoliticalCorrection.org. He previously worked as an organizer on various political campaigns from New Hampshire to Georgia to Missouri. His writing on music and film has appeared on TinyMixTapes, IndieWire’s Press Play, and TheGrio, among other sites.

 

The Shutdown: How It Hurt, What We Learned, Where We Go from Here

Tuesday, October 22nd, 2013

seiu-org-logoFor working people across the country, the week ends with a mix of relief and frustration.

The hundreds of thousands of federal workers who had been furloughed during the 16-day government shutdown were glad to return to their jobs, freed from the anxiety of not knowing when they’d get another paycheck.

SEIU appreciates the strong stand President Obama, Senate Majority Leader Harry Reid (D-Nev.), House Minority Leader Nancy Pelosi (D-Calif.) and others took to defend the Affordable Care Act. And now, a window is open for negotiations on reversing the devastating sequester before the next round of cuts, scheduled for January.

At the same time, we can’t ignore that the shutdown hit working families hard. It did real damage–costing the economy $24 billion, according to Standard & Poor’s. That’s a staggering impact from what SEIU President Mary Kay Henry called a “crisis manufactured by the far-right wing of the Republican Party.”

That number–$24 billion–is unimaginably big, so consider one person’s story: LaShante Austin, a member of SEIU 32BJ, told MSNBC if the shutdown had not ended, she was not going to be able to pay rent. “I have got to put food on the table. I can’t tell the bill collectors, ‘Sorry, the government’s shut down,'” she said. Austin is a security officer at the Statue of Liberty, a symbol of American greatness.

Don’t working people like LaShante Austin deserve better from America’s leaders?

Congress must now debate and pass a budget to fund the federal government in the new year. A bipartisan committee with members from both the House and the Senate has until mid-December to issue recommendations. If the committee fails, the government could shut down again Jan. 15 and the debt ceiling could be reached Feb. 7.

This committee must meet its deadline, but it must also resist making decisions that would continue to fund vital services at austerity levels. Nor should members of Congress try to undermine retirement security in pursuit of a bogus “grand bargain.” We must work to change the economic narrative and reverse the politics of austerity. The shutdown is over, but the fight continues to improve the lives of working people. Sign up to receive updates as the budget committee gets to work.

Averting the crisis has also given Washington, D.C., the chance to focus again on immigration reform–something President Obama pledged this week to do.

The time is now for commonsense immigration reform, and you can add your voice!

SEIU, Reform Immigration For America (RI4A) and the Campaign for Community Change are taking the fight to social networks in a big way. Join us in calling on Home Depot, Wells Fargo, Bank of America and Dominos to use their influence to build support for immigration reform.

This article was originally printed on SEIU on October 18, 2013.  Reprinted with permission.

Author: SEIU Communications.

It’s the Final Countdown: How the Government Shutdown Affects Labor and Employment Law

Tuesday, October 1st, 2013

HymanJonathanTIn case you haven’t heard, as of 12:01 a.m. this morning, the federal government is closed. Your business will feel this shutdown in many ways, including in your interactions with the federal agencies that enforce the various labor and employment laws. Each has posted on its website a contingency plan for operations during the shutdown.

For example, the Equal Employment Opportunity Commission:

  1. Will accept and docket new charges, and examine if immediate injunctive relief is necessary.
  2. Will not conduct any investigations.
  3. Will not mediate any charges.
  4. Will not have staff available to answer questions or respond to correspondence.
  5. Will not litigate, unless a court denies a request for extension of time.
  6. Will not process any FOIA requests.

The Department of Labor and the National Labor Relations Board have each posted their own detailed shutdown plans. The bottom line, however, is that except for services that are absolutely essential, federal agencies will be closed until Congress works out its financial issues.

Federal courts, meanwhile, will remain open for business as usual for at least 10 business days, after which the Judiciary will reassess the situation.

Other federal services impacting employers that will be temporarily shuttered include e-Verify and the IRS.

While it difficult to predict how long this shutdown will last.The last shutdown of the federal government, spanning the end of 1995 to the beginning of 1996, lasted 28 days.

For now, if you have active matters with any federal agencies, expect for them to be on hold. Please remember is that while the EEOC and other agencies might be temporarily out of business, the laws that they enforce are not.

This article was originally printed on Ohio Employer’s Law Blog on October 1, 2013.  Reprinted with permission.

About the Author: Jonathan Hyman is a partner in the Labor & Employment group of Kohrman Jackson & Krantz.

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