Government Paralysis – Potential Liability Still Exists
By Ruder Ware Alumni
May 20, 2014
The news today talks about “government paralysis” and the likelihood that government will not re-focus for several weeks until everything is decided regarding the continuing resolution debate and the debt limit debate. A caution to employers however, that the government paralysis does not mean that you are protected from potential liability for violation of discrimination laws or labor laws. The enforcement process will continue (or be picked up later) regardless of the paralysis experienced by our federal government.
Potential liability ranges from discrimination on the basis of disability to failure to make proper overtime payments to employees. The provisions of the Fair Labor Standards Act and the Equal Employment Opportunity Laws will continue in effect and will be enforced by federal agencies that are not subject to the emergency shutdown or will result in future investigations and charges being filed.
Employers are cautioned not to let their guard down and stop complying with current employment practices and employment policies. It is important to continue to strive for compliance with all aspects of federal and state law that will provide protections to employees. It is also important to continue educating your supervisors and managers about compliance with state and federal employment protections. If you fail to do so, you are increasing your company’ s potential for liability under these laws.
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