outsolve insights

If you haven’t yet heard, the U.S. Department of Labor’s (DOL) Payroll Audit Independent Determination program (PAID) is officially back, with some changes and updates. For HR professionals, especially those working on compensation, compliance, and employee trust, this is a development worth paying attention to.  

On November 18, 2025, EEO Leaders, an organization comprised of Democratic-aligned former EEOC and OFCCP officials, published a response (“EEO Leaders Response”) to the Department of Justice’s (“DOJ”) July 2025 Memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”

As non-essential government offices reopen, human resources, EEO, and compliance professionals in government contractor workplaces may want to generate a few priority to-do lists.   

The Department of Homeland Security (DHS) just announced an interim final rule related to automatic extensions of employment authorization. Employment authorization documentation (EADs) is no longer automatically extended when an alien files to renew their application on or after October 30, 2025.   

The government shutdown is in its third week and human resource professionals find themselves in a tough spot. They must balance continuing operations as normal with the knowledge that their employees may be feeling stressed or tapped out, especially if they are not getting paid or fear losing their job. 

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

When Washington shuts down, government employees and contractors face multiple systemic issues and consequences. Federal offices sit empty, contracts get snared in limbo, and government contractors face half-finished projects and uncertainty about employee payrolls. Not surprisingly, shutdowns also stir up numerous questions: How long will furloughs last? Who pays for out-of-work employees? And most immediately, exactly who is affected by a government shutdown and how? 

On September 17, 2025, the public comment period closed on three regulatory proposals issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  

Update as of October 9, 2025: Brittany Panuccio has been confirmed by the Senate as an EEOC commissioner, restoring the EEOC quorum. She was confirmed by a vote of 51-47 on Tuesday, October 7 and fills the seat left vacant by Keith Sonderling. Her confirmation gives Republicans the majority in the EEOC.

This confirmation is crucial as is not restores the quorum in the EEOC meaning they can now issue official guidance. 

President Trump has nominated Brittany Panuccio to become a commissioner at the Equal Employment Opportunity Commission (EEOC). There are currently three empty seats on the five-member panel at the EEOC and this nomination, if approved, would fill one of them leaving two open.  

Update as of October 9, 2025: Despite the continued government shutdown, E-Verify has resumed operations. Employers must:

• • Submit E-Verify cases for anyone who was hired during the shutdown by Tuesday, October 14. 
  • Revise Referral Date Confirmations for employees who received a mismatch and notified you of their intent to contest it - more information found here
    

For more information on what you need to do with E-Verify cases, tentative nonconfirmations, federal contractor deadlines, and more, visit the E-Verify website here.

Government Shutdown Impact on E-Verify 

As of 12:01 AM on October 1, 2025, the federal government has shut down due to Congress's inability to pass funding legislation. This shutdown has resulted in the temporary suspension of the E-Verify system, which is operated by the Department of Homeland Security (DHS). 

On September 11, 2025, the Fourth Circuit heard oral argument in one of the first cases to challenge the constitutionality of the two clauses in Executive Order 14173 that have been nicknamed “the certification provisions.”