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Total Articles: 10

eLABORate: Deadline for Employers to File EEO-1 Report - March 31, 2018

The March 31, 2018 deadline for employers to file the federally mandated EEO-1 report is rapidly approaching. The EEO-1 is a compliance survey that requires company employment data to be categorized by race/ethnicity, gender and job category. The Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) use the EEO-1 to collect and analyze information from private employers and government contractors about their female and minority workforces.

EEO-1 Reporting Deadline is Rapidly Approaching

Employers should be mindful that the March 31, 2018, deadline for filing the 2017 Employer Information Report, commonly known as the EEO-1 report, is fast approaching. While the deadline previously fell on September 30, the Equal Employment Opportunity Commission (EEOC) expects to leave the filing deadline at March 31 annually moving forward. Employers may use employment figures from any pay period in October through December to gather the required data for the report. Federal contractors and subcontractors who are also required to submit a VETS-4212 filing may use a snapshot date of Dec. 31 annually for reporting on both the VETS-4212 and the EEO-1 report, though the filing deadlines remain different for the two reports. Employers may request a one-time extension of 30 days to submit their EEO-1 report if they do so before the March 31 deadline.

UPDATE: EEOC Clarifies Change to EEO-1 Reporting for Employees at Client Sites

As we recently reported, the instructions for filing current EEO-1 reports includes a change to the reporting requirements for employees working at client sites.

SCOTUS Slams Door On Attempt To Expand Retaliation Law

Today, in a unanimous decision, the U.S. Supreme Court declined to broaden the definition of “whistleblower” in federal anti-retaliation law, ruling that employees who simply raise complaints with their employers are not protected by the Dodd-Frank Act despite regulations which sought to provide additional protections. This is a positive decision for employers because it significantly limits the type of reports protected by the Act, while decreasing the likelihood that you could face liability for discharging an employee (Digital Realty Trust, Inc. v. Somers).

Changes to EEO-1 Reporting for Employees at Client Sites

As we shared previously, the portal is currently open for EEO-1 Reporting. In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees.

EEOC: Retaliation Tops Discrimination Charges Filed in Fiscal Year 2017

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September 30.) Retaliation has been at the top since FY 2010.

Fifth Circuit Upholds Jury Verdict in Constructive Discharge Case due to Employer’s “Shifting Reasons” for Its Personnel Decisions

In Delaronde v. Legend Classic Homes, Ltd., No. 17-20027 (January 18, 2018), the Fifth Circuit Court of Appeals affirmed a district court’s denial of an employer’s post-verdict motion for judgment as a matter of law, finding that the jury had been presented with sufficient evidence to conclude that sex discrimination had motivated the transfer of a female sales associate for a Houston-area home builder from a successful community where she had achieved more than $3 million in sales to a very challenging community where the home prices were the lowest of any of the builder’s properties.

EEO-1 Survey Portal Open for Reporting

The portal is now open for employers to file their 2017 EEO-1 Surveys. The deadline to file this year is March 31, 2018. Following a reprieve in 2017, this will be employers’ first filing since the Fall of 2016. While giving employers a break from reporting, the hiatus also allowed the EEO-1 Joint Reporting Committee time to implement some changes to the reporting portal.

The 2017 EEO-1 Survey is Now Open

The 2017 EEO-1 survey is now open for 2017 filings, which affected employers must completed by March 31, 2018. To access the survey and begin the filing process, click on the login button on the U.S. Equal Employment Opportunity Commission’s website. As a reminder, the Office of Management and Budget stayed the pay data collection requirement for the 2017 EEO-1 report in late August 2017. As a result, affected employers are not required to provide pay information on the EEO-1 form—meaning that the 2017 report is identical to the 2016 version.

The EEO-1 Instruction Booklet: A Little-Known Resource for Filing Season

The 2017 EEO-1 report must be filed by March 31, 2018. An often overlooked resource for companies that are required to file EEO-1 reports is the EEO-1 Instruction Booklet.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Jackson Lewis P.C. | New York | New Guidance for the New York Paid Family Leave Payroll Deduction (March 07, 2018)