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Total Articles: 41

Stop Payment (Reporting): U.S. Office of Management and Budget Rolls Back Compensation Data Requirements

Employers can breathe a collective sigh of relief. Last week, the Office of Management and Budget (OMB) announced “a review and immediate stay” of the new EEO-1 pay data requirements that were to be included in employers’ March 2018 reports to the EEOC.

Additional Information for 2017 EEO-1 Reporting

Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports. In an e-mail sent to report filers, the Committee clarified:

Trump Administration Blocks EEO-1 Pay Data Reporting Requirement

Yesterday, the Office of Management and Budget announced that it was issuing an immediate stay of the revised EEO-1 form. In doing so, the Office explained, “Among other things, OMB is concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” Thus, for now, employers are relieved of the obligation of complying with the pay data reporting requirements called for by last year’s revised EEO-1 report form. Covered employers are still required to file EEO-1 reports using the old forms, however.

EEOC Pay Reporting Obligations Suspended

In a much-anticipated move, the Office of Management and Budget’s Office of Information Regulatory Affairs (OIRA) has directed the Acting Chair of the Equal Employment Opportunity Commission to suspend implementation of the EEOC’s revised EEO-1 report, which included detailed pay reporting obligations.

OMB Stays EEO-1 Pay Data Obligations for Employers

On August 29, 2017, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is staying the collection of pay data via the EEO-1 form that was due by March 31, 2018. The OMB explained that the stay was necessary pending a review of the effectiveness of the pay data component of the EEO-1 form. The EEO-1 form was revised as of September 29, 2016 and would have required all employers with 100 or more employees to provide pay data based upon race, gender, and ethnicity.

eLABORate: EEOC Pay Data Collection Requirement Suspended Indefinitely

Last September, the Equal Employment Opportunity Commission (“EEOC”) revised the form it uses to collect demographic information on employees (the EEO-1) to include additional reporting requirements. Specifically, EEOC revised the EEO-1 form to require private-sector employers with over 100 employees to report information on their employees’ compensation and hours worked (referred to as Component 2). This change was controversial and frustrated many employers, who viewed the new requirements as a significant data collection burden without any meaningful benefit. As a result of this controversy, there has been speculation that the additional reporting requirements would be withdrawn, or the compliance date for Component 2 would be postponed.

New EEO-1 Report Suspended Indefinitely

To the relief of employers steeling themselves for compliance with the revised EEO-1 Report, the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has suspended indefinitely the new report's compliance date. The revised report would have required private-sector employers with 100 or more employees and covered federal contractors to provide information on employee compensation and hours worked in addition to demographic information. The new requirements would have applied to EEO-1 Reports for 2017, which would have been due by March 31, 2018.

White House Blocks Revised EEO-1 Report

The Office of Management and Budget (OMB) announced late Tuesday that it was implementing an immediate stay of the revised EEO-1 Report, putting a halt to long-awaited pay data reporting requirements. The stay creates much needed relief for employers, but is expected to further refocus pay equity discussions on a statewide and local level.

OMB Decides to Review and Stay EEO-1 Pay Data Collection

On August 29, 2017, Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic announced that the administrator of the Office of Information and Regulatory Affairs (OIRA) had sent her a memo indicating that the Office of Management and Budget (OMB) “is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016.”

Revised EEO-1 Report – Where Does it Stand?

In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966,1 employers with 100 or more employees that are subject to Title VII have been required to annually file this report, providing the Equal Employment Opportunity Commission (the “EEOC”) with data on the number of individuals employed, their distribution by legal entity and location, and their demographic characteristics. In addition, federal contractors with 50 or more employees are also required to file an annual EEO-1 report. For decades, employers have been required to file the EEO-1 report each year by September 30 with data based on a “snapshot” of their workforce taken sometime between July and September.

Important Clarification Received Regarding 2018 VETS-4212 Filings

It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle. Starting August 1, 2017, contractors will be able to file their 2017 reports through the reporting portal. Note, anything filed before August 1, 2017 will be recorded as part of the 2016 filing cycle.

Business Community Requests Rejection of Revised EEO-1 Report Requiring Disclosure of Pay Data

The U.S. Chamber of Commerce (the “Chamber”), along with several business associations, has requested that the Office of Management and Budget (“OMB”) rescind its prior approval of the EEOC’s revised EEO-1 Report requiring disclosure of pay data information by gender, race, and occupational category due to the cost and time associated with compliance. The Chamber’s request was backed by the Society for Human Resource Management, National Restaurant Association, National Retail Federation, National Automobile Dealers Association, and others.

Trade Associations Ask OMB to Review EEO-1 Pay Data Report

Over the last couple of weeks, much of the media in Washington, D.C., has turned its attention to the new director of the Office of Management and Budget (OMB), former South Carolina congressman Mick Mulvaney. This is because Mulvaney is in charge of advancing the administration’s first federal budget proposal, as well as coordinating Republicans’ efforts to dismantle the Affordable Care Act (ACA). What goes unnoticed, however, is that Mulvaney and his office will play a crucial role in the employer community’s efforts to ease the regulatory burdens that have piled up over the last several years. Here’s just one way how.

EEO-1 Pay Data Reporting – Will It Stay or Will It Go?

Predicting what any new presidential administration will or won’t do based on campaign statements is risky. Nonetheless, we may glean some insights. For instance, of the equal employment opportunity priorities mentioned during the campaign, the President-elect and his daughter, Ivanka, spent time talking about wage equality and childcare. For example, on the news program, 60 Minutes, Ms. Trump stated, “I’ve said throughout the campaign that I am very passionate about certain issues. And that I want to fight for them… Wage equality, childcare. These are things that are very important for me… Really promoting more opportunities for women.”

EEOC Unveils New EEO-1 Report To Capture 2017 Pay Data

In furtherance of its commitment to combating pay discrimination, the Equal Employment Opportunity Commission (EEOC) recently finalized its proposed changes to the Employer Information Report, commonly known as the EEO-1 Report. While the EEOC annually collects information about the number of employees by job category and by sex, race, and ethnicity, employers will also be required to provide summary pay data about their employees as of March 31, 2018.

EEOC Publishes Final Pay Data Changes to EEO-1 Report

The Equal Employment Opportunity Commission has issued revisions requiring employers with at least 100 employees to submit annual EEO-1 reports that include W-2 pay and hours worked data for their entire workforces, nationwide.

EEOC Announces Approval of Revised EEO-1 Report

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced that starting in March 2018, it will collect summary employee pay data from certain employers on revised EEO-1 Reports. The announcement comes upon approval of the controversial new EEO-1 Report by the White House Office of Management and Budget (OMB).

New EEO-1 Form Approved—Pay Data Collection Starts March 2018

On September 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) officially announced that starting in March of 2018, it will collect summary employee pay data and total hours worked information from employers with 100 or more employees. The new data will be collected on the annual Employer Information Report (EEO-1) that is jointly coordinated by the EEOC and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

EEO-1 Reports: Time for Employers to Get in Formation

This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details regarding employee counts and demographics for every company location. In this article, we will explain why all employers should be careful to correctly answer the EEO-1 questions relating to federal contractor status, discuss how all employers should prepare for required compensation reporting beginning in 2018, and advise federal contractors how to prepare their EEO-1 reports so as to avoid future audit headaches.

EEO-1 Reports Are Due September 30, Changes Coming Next Year

The September 30, 2016, due date for employers to file their annual EEO-1 reports with the Equal Employment Opportunity Commission (EEOC) is fast approaching. Although it is business as usual this year, changes in the information required to be reported and the due date of the report are likely starting with 2017 reports.

EEOC Announces New Process for 2016 EEO-1 Data File Uploads

The 2016 EEO-1 filing period is fast approaching. Once the 2016 Survey opens, companies will have until September 30, 2016 to complete their annual filing requirements. On July 25, 2016, the EEO-1 Joint Reporting Committee (JRC) notified companies that all reporting for the EEO-1 reports will now be done electronically. In previous years, companies that did not manually upload data on the EEO-1 site had to email the data file to a member of the JRC and wait for confirmation that the data file had been uploaded. Now, companies can upload data files directly to the production database according to the specifications to the JRC’s database and be informed immediately of acceptance or errors regarding the data submission.

EEOC Publishes Revised EEO-1 Pay Data Rule

Executive Summary: The Equal Employment Opportunity Commission (EEOC) has published a revised proposed rule to collect summary pay data from employers that file EEO-1 reports. The EEOC originally published a proposed rule to collect pay data in February 2016. The revised rule permits employers to use the same W-2 report to complete the EEO-1 that they use for tax purposes. It also changes the EEO-1 filing deadline to March 31 starting with the first filing in 2018. This change was designed to coordinate with the existing W-2 calendar year.

EEOC to Publish Update to EEO-1 Pay Data Reporting Proposal

The Equal Employment Opportunity Commission has released an update with revisions to its proposed EEO-1 pay data collection report. The proposal would have employers with at least 100 employees submitting to the EEOC all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle.

EEOC Announces Revisions for EEO-1 Proposal to Collect Pay and Hours Data

On July 13, 2016, the Equal Employment Opportunity Commission (EEOC) announced revisions to the agency’s February 2016 proposal to revise the current Employer Information Report (EEO-1) to add a new Component 2. The current EEO-1 form, which requires covered employers to report on the gender, race, and ethnicity of its employees, will be designated as Component 1 (demographic data). Under the revised proposal, Component 2 will have two sections and will require covered employers to report aggregate W-2 wages and hours worked in 12 pay bands for each of the 10 EEO-1 job categories and 14 gender, race, and ethnicity categories on the current form. The revised rule provides for a 30-day comment period to address the proposed revisions. The comment period ends on August 15, 2016. The EEOC is also submitting the revised proposal to U.S. Office of Management and Budget (OMB) for review and approval.

EEOC Commissioners Receive Insightful Feedback on EEO-1 Pay Data Collection Tool

Today the U.S. Equal Employment Opportunity Commission held a public hearing regarding the Agency’s pending proposed revisions to the EEO-1 Report to include a pay reporting component. As proposed, all employers with 100 or more employees would add information on aggregate pay ranges and hours worked to the EEO-1 report, beginning in 2017.

Revised EEO-1 Report Would Require Employers To Submit Employee W-2 Earnings And Hours Worked

On Friday, the EEOC made a startling announcement regarding proposed revisions to the scope of information requested by the annual EEO-1 report. To further the pay equality goals of the Lilly Ledbetter Fair Pay Act, the EEOC wants to add aggregate data on pay ranges -- including employees' W-2s and hours worked -- to the information already collected through the EEO-1 report, beginning with the September 2017 report. Currently, the EEO-1 report requires employers with 100 or more employees to submit certain company data categorized by race/ethnicity, gender, and job category.

EEOC Announces Proposed Changes to EEO-1 Report Requiring Large Employers to Report Pay Data

On January 29, 2016, the U. S. Equal Employment Opportunity Commission (EEOC) announced a proposed revision to the Employer Information Report (EEO-1) that will require private employers, including federal contractors, with 100 or more employees to report pay data by sex, race, and ethnicity as well as job category. According to the EEOC, the new data that employers will be required to provide will enable the agency to identify possible pay discrimination and assist employers in promoting equal pay in their workplaces.

EEOC Proposes Requiring Employers to Report Pay and Hours Worked Information on EEO-1 Forms

Executive Summary: In accordance with the Obama administration's efforts to combat a perceived gender gap in compensation, the EEOC has proposed revising the Employer Information Report (EEO-1) to require employers to provide information on employee earnings and hours worked in addition to the information currently collected (data regarding employees' race, ethnicity and sex by job category). The agency will accept comments on the proposed revision until April 1, 2016.

eLABORate: EEOC Proposes Major Change to EEO-1 Reporting: The Addition of Wage and Hours Worked Information

The Equal Employment Opportunity Commission (EEOC), following its coordination with the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), will publish in the Federal Register on February 1, 2016, a proposal to modify the EEO-1 employee information report, and add a component collecting data on W2 compensation and on hours worked. Currently, EEOC collects data on race, ethnicity, and sex, broken down by its designated job categories. This new proposal will impact private employers with at least 100 employees, and federal contractors with at least 50 employees. These changes, if finalized, would take effect in the 2017 EEO-1 reporting cycle. Employers will have 60 days (or until April 1, 2016) to submit comments on the proposal.

Employers May Soon Be Forced To Reveal Pay Information By Gender

The federal government announced today its intent to gather additional pay information from larger employers, forcing all businesses with over 100 workers to provide detailed information about their pay practices in an effort to address gender discrimination. If the President’s plan moves forward as expected, employers will be subject to a heightened pay transparency standard by the end of this calendar year.

EEOC Extends Deadline for 2015 EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) has announced that the EEO-1 Joint Reporting Committee has extended the deadline for all EEO-1 Report filers from September 30, 2015 to October 30, 2015. Covered employers must file the EEO-1 Report with the EEOC and certify the report by the deadline.

EEO-1 Filing Deadline Extended to October 30, 2015

Executive Summary: The EEO-1 Joint Reporting Committee has extended the deadline for all EEO-1 filers from September 30, 2015 to October 30, 2015.

Update: EEO-1 Filing Deadline Extended Until October 30

The EEO-1 Joint Reporting Committee has extended the deadline for filing this year’s EEO-1 Reports. The new deadline to file reports is now October 30, 2015.

eLABORate: EEO-1 Filing Deadline Approaching

The deadline for designated employers to file their annual Employer Information Report (“EEO-1”) with the Equal Employment Opportunity Commission (“EEOC”) is September 30, 2015.

Another EEO-1 Filing Rule Change

As we previously reported, the annual EEO-1 Reporting portal has opened and along with it some changes to the reporting requirements. Probably the most impactful change is the new requirement that companies may no longer file more than one EEO-1 report for the same address if the North American Industrial Classification System Code (NAICS) is the same for more than one of the entities. In other words, if your company has multiple entities at the same address and those entities, while legally distinct, engage in the same services, activities or product development you must now file a single consolidated report. For companies with complex organizational structures and/or significant acquisitions, this will require detailed review and assessment of your filings.

EEO-1 Reporting Portal Now Open

In addition to filing annual VETS-4212 reports, federal contractors with 50 or more employees and $50,000 or more in contracts (and non-government contract employers with more than 100 employees) must file annual EEO-1 surveys. The reporting portal for filing the EEO-1 reports opened today and will remain open until at least September 30.

Legal Alert: EEOC will be Sending New EEO-1 Passwords

In preparation for the 2013 EEO-1 survey, the Equal Employment Opportunity Commission (EEOC) has announced that all passwords have been reset for security and confidentiality purposes. The EEOC will send reporting companies notification letters that will contain new passwords. See http://www.eeoc.gov/employers/eeo1survey/index.cfm.

What Do Your EEO-1 Reports Tell the EEOC and OFCCP About Your Company?

Must your company file an EEO-1 report on an annual basis? If your company has facilities in different geographical areas, how are these reported on the EEO-1? How are you collecting gender and ethnicity/race information from your employees for this report, and is that protocol consistent with the parameters set by the Department of Labor (DOL)? Do you know that September 30 is the filing deadline established by the government for filing yearly EEO-1s?

Dealership Update: Greetings From the EEOC!

Dealers across the country have been receiving letters from the EEOC pointing out that they have failed to file their EEO-1 Report ("Employer Information Report") last year and reminding them that they are required by law to file the report by September 30 of this year and annually thereafter. Many dealers have no idea what the EEOC is talking about.

Changes To EEO-1 Report Due September 30, 2007

Employers with 100 or more employees and federal contractors with 50 or more employees and a $50,000 federal contract must provide an annual count of their employees by job category and ethnicity, race, and gender in an EEO-1 Report. The EEO-1 is due on September 30 each year, and it is used by the EEOC and Office of Federal Contract Compliance Programs (OFCCP) for statistical analysis. The next EEO-1 Report due on September 30, 2007 includes some significant changes.

Planning Ahead for New EEO-1 Requirements (pdf).

Employers should begin now to plan for several major changes in EEO-1 reporting requirements.
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