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Total Articles: 112

EEOC On Schedule to Open Component 2 Reporting July 15, 2019

In its most recent status update, filed with the court as ordered by Judge Tanya S. Chutkan, EEOC is reporting it and NORC are on schedule to open the EEO-1 Component 2 pay data reporting tool on July 15, 2019.

EEO-1 Component 1 Down... Component 2 Pay Data Up Next

The May 31, 2019, deadline for filing EEO-1 Component 1 race-and-gender data has come and gone. The portal for filing Component 1 data will remain open for several more months, however, and there are no fines or penalties for filing late.

EEOC Provides Update on EEO-1 Pay Data Reporting Portal and Helpdesk Development

As previewed last week, EEOC has provided additional details regarding the anticipated opening of the EEO-1 pay data reporting portal and helpdesk.

EEO-1 Update: More on Component 2 and EEOC Policy Change

The deadline for employers to file EEO-1 reports for Component 1 data is fast approaching. Unless employers request an extension, which will be automatically granted until June 14, 2019, Component 1 EEO-1 reports are due on May 31, 2019.

The EPL Insurance Advisor – May 2019

To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments.

Employee Earnings and Hours Data Due to EEOC by September 30, 2019

On April 25, 2019, in National Women’s Law Center, et al. v. Office of Management and Budget, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia ruled that the Equal Employment Opportunity Commission (EEOC) must immediately take all steps necessary to comply with its prior March 4, 2019 decision. That previous decision lifted a stay that the White House Office of Management and Budget (OMB) had imposed in August 2017, which prevented a new rule from going into effect requiring employers to report additional information regarding employee pay data using a revised Employer Information Report EEO-1 (EEO-1) form.

EEOC Pay Data Reporting Deadline Is Now September 30, 2019, But an Appeal Is Pending

Employers with 100 or more employees, and federal contractors with 50 or more employees, historically have been required to file annual Employer Information Reports (“EEO-1 Reports”) disclosing their number of employees by job category, race, and sex. In 2016, the Obama administration’s EEOC expanded the required EEO-1 reporting data to include pay and hours worked data. The intention of this expanded reporting requirement was to help the agency identify discriminatory pay gaps. Under this expanded rule, covered employers would have been required to submit the pay data by March 31, 2018.

Despite Agency Appeal, Employers Required to Submit Component 2 Pay Data for Years 2017 and 2018 by September 30, 2019

Executive Summary: On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed that employers will be required to submit Component 2 pay data for years 2017 and 2018 to the EEOC by September 30, 2019. The announcement came on the heels of an April 25, 2019, judicial order mandating that employers submit Component 2 data for year 2018 by the same September 30, 2019, deadline, and requiring the EEOC to designate an additional year (either 2017 or 2019) for data collection. Then, hours after confirming that the 2017 data would be collected, the Department of Justice filed a notice of appeal of the March 4, 2019, and April 25, 2019, judicial orders to the United States Court of Appeals for the District of Columbia Circuit.

An Update on EEO-1 Component-2 Pay Data Collection: A Workplace Policy Institute Briefing

On April 25, in National Women’s Law Center (NWLC) et al. v. Office of Management and Budget (OMB) et al., the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission (EEOC) to take immediate steps in preparing to collect EEO-1 “Component-2” compensation data for calendar year 2018 by September 30, 2019.

Double Duty: You Will Soon Have To Turn Over Pay Data From Both 2017 And 2018

The EEOC just announced that, in order to comply with a recent shocking court order, most employers will need to turn over compensation information from both 2017 and 2018 when they submit their Component 2 pay data with their EEO-1 submission on September 30, 2019. While there is still a chance that an appeals court could put the pay data/hours worked reporting requirement on hold once again, or that a newly reconstituted EEOC Commission might modify the regulations, you should start taking action immediately under the assumption that all of this information will need to be disclosed by the recently announced due date. Meanwhile, the May 31, 2019 deadline for the traditional demographic data (now called “Component 1” data) remains firmly in place.

EEOC to Require Employers to File 2017, 2018 Compensation Data by September 30, 2019

The U.S. Equal Employment Opportunity Commission (EEOC) will require covered employers to file EEO-1 compensation data for both calendar years 2017 and 2018 by September 30, 2019, the agency indicated in a notice sent on May 2, 2019 for publication in the Federal Register.

EEOC Announces Plans to Collect 2017 and 2018 Pay Data by September 30, 2019

On May 1, the EEOC announced plans to collect pay data for both calendar year 2017 and calendar year 2018 by September 30, 2019. A copy of the announcement scheduled to be published in the Federal Register on May 3 is available here.

EEO-1 Update: EEOC Selects to Collect 2017 Pay Data

As we previously reported, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ordered the Equal Employment Opportunity Commission (EEOC) to collect two years of EEO-1 Component 2 pay data including 2018 and pay data from either 2017 or 2019. On May 1, 2019, the EEOC chose to collect 2017 pay data in addition to the 2018 pay data collection previously announced. According to the EEOC, employers must file this data by September 30, 2019. The announcement regarding 2017 pay data is expected to be published in the Federal Register on May 3, 2019.

EEOC Posts Notice About EEO-1 Pay Data Reporting As Required

As ordered by Judge Tanya S. Chutkan, EEOC has posted the following notice on its website alerting employers to the new EEO-1 pay data requirement. The Notice indicates EEOC has not yet decided whether it will collect 2017 or 2019 data in addition to the current year of pay data. EEOC has until May 3 to report its decision on this point to the Court and employers.

EEOC Posts Notice That EEO-1 Pay Data Collection Is Back

On April 29, 2019, the Equal Employment Opportunity Commission (EEOC) published a notice that the EEO-1 pay data collection is being reinstated immediately. According to the EEOC’s website, employers covered by EEO-1 reporting requirements must submit 2018 Component 2 EEO-1 (pay and hours worked) data for their workforces by September 30, 2019. The notice comes as a result of an April 25, 2019, order by U.S. District Court for the District of Columbia Judge Tanya S. Chutkan.

Court Orders EEO-1 Pay Data by September 30

A federal judge's ruling on Thursday set a September 30 deadline for the Equal Employment Opportunity Commission (EEOC) to complete collection of an employer's Form W-2 data, sorted by race, ethnicity and gender for the annual EEO-1 Report.

Additional Pay Data Reporting Order Details

It’s here and it’s real. The written order memorializing Judge Chutkan’s oral Order setting the September 30, 2019 deadline for collection of employer pay data reveals these additional details:

Court Orders EEOC to Collect Compensation Data by September 30, 2019

On April 25, 2019, the U.S. District Court for the District of Columbia ordered the U.S. Equal Employment Opportunity Commission (EEOC) to collect detailed data on employee compensation and hours worked from covered employers sorted by job category, pay band, race, ethnicity, and gender (the so-called “Component-2” of the EEO-1 form) by September 30, 2019. The court ordered the agency to collect this data for calendar year 2018.

eLABORate: Federal Court Sets September 30 Deadline for Employers to Turn Over Pay Data to EEOC

As first reported in last month's eLABORate, a federal court gave the green light to a long delayed Obama-era requirement for employers to report their employee pay data to the Equal Employment Opportunity Commission (EEOC) as part of the yearly EEO-1 reporting requirement. Still, at the time of that ruling, it was unclear as to whether this new requirement on employers would have any effect on the then May 31, 2019 reporting deadline.

Breaking News: Judge Orders EEOC to Collect Pay Data by September 30th

Judge Tanya S. Chutkan has ordered initial compliance with the EEO-1 pay data reporting obligation by September 30, 2019.

Breaking News: Judge Orders Employers to Report Pay Data by September 30

On April 25, 2019, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ruled that employers covered by EEO-1 reporting requirements must submit 2018 pay data for their workforces by September 30, 2019. The Equal Employment Opportunity Commission (EEOC) is expected to place a statement on its website informing employers of Judge Chutkan’s decision and post the new requirement in the Federal Register by April 29, 2019. This ruling is another twist in the saga of pay data reporting since Judge Chutkan issued an order lifting the stay of the pay data collection component of the EEO-1 on March 4, 2019.

Court’s Final Decision on EEO-1 Pay Data Requirement Imminent

As a follow-up to our April 4, 2019, article, we wanted to provide you with the latest update on the status of the pay data requirement for 2018-EEO-1 reports. On April 16, 2019, the U.S. District Court for the District of Columbia held a hearing on the Equal Employment Opportunity Commission’s (EEOC) proposal to collect pay data by September 30, 2019, using a third-party contractor, and the plaintiff’s response that the EEOC should be forced to collect 2017 and 2018 pay data by May 31, 2019.

EEO-1 Pay Data Update: No Decision Yet

At the end of today’s hearing regarding employers’ EEO-1 pay data reporting obligations, Judge Tanya S. Chutkan entered an Order giving the parties until the end of the day on Monday, April 22 to file summaries of the day’s hearings and proposed Orders with corresponding case law for her to review.

EEOC Files Plan to Require EEO-1 Compensation Data Reporting by September 30, 2019

In an April 3, 2019 filing in the federal district court that had ordered reinstatement of EEO-1 pay data reporting requirements, the Equal Employment Opportunity Commission (EEOC) explained its inability to comply with the court’s ruling on its present timeline, stating that it would be able to comply on an extended timeframe.

EEOC Provides Update on EEO-1 Pay Data Reporting Plans

September 30, 2019, is the earliest the Equal Employment Opportunity Commission (EEOC) could collect pay data from employers in the EEO-1 report, the agency advised the federal district court in the District of Columbia on April 3, 2019. National Women’s Law Center et al. v. Office of Management and Budget et al., No. 17-2458.

EEO-1 Pay Data Reporting Update

In a status update filed April 3, 2019, the government informed the court that EEOC could complete collection of the required EEO-1 Component 2 pay data by September 30, 2019, but only if it utilized a third party data collector to do so.

The Sky Is Not Falling: The Latest on the EEOC’s Possible Pay Data Component to the EEO-1 Report

On April 3, 2019, the Equal Employment Opportunity Commission (EEOC) submitted a memorandum to the judge in National Women’s Law Center, et al. v. Office of Management Budget, et al., who had requested that the EEOC inform the court of the agency’s plans to collect pay data in the EEO-1 report.

EEOC Portal Opens for EEO-1 Filings With No Word on Employee Compensation

On March 18, 2019, the EEO-1 filing portal opened, allowing employers with 100 or more employees and covered federal contractors with 50 or more employees to begin filing EEO-1 reports. This is consistent with the schedule set by the Equal Employment Opportunity Commission (EEOC) following the partial government shutdown in early 2019, which resulted in a postponement of the EEO-1 filing from March 31, 2019 until May 31, 2019.

EEOC Opens Portal for 2018 EEO-1 Reporting and Must Provide Guidance on Pay Data Reporting by April 3

The U.S. District Court hearing the EEO-1 pay data reporting case has ordered EEOC to inform employers by April 3, 2019, whether they will be required to provide pay and hours worked data for the 2018 EEO-1 reporting cycle. The current deadline for 2018 EEO-1 reporting is May 31, 2019.

UPDATE: EEOC Has Until April 3 to Advise About Pay Data Reporting

In the continually developing story of employee pay data reporting, the Judge who overturned the stay on the EEO-1 reporting obligation has granted the government until April 3 to inform employers as to whether they will be required to report pay data as part of this year’s EEO-1 reporting cycle, which opened Monday, March 18th and runs through May 31 – at least currently.

The Pendulum Keeps Swinging -- EEO-1 Pay Data Update

The 2018 EEO-1 Survey Site officially opened on Monday, March 18, 2019. While there was some confusion about this year’s filing requirement due to the recent court decision reinstating the pay data component, the current filing format is the same as last year, with no pay data required. The current deadline to file 2018 EEO-1 reports is May 31, 2019.

Employers Get A Pay Data Reporting Reprieve – But For How Long?

Despite a recent court ruling resurrecting the requirement that employers turn over compensation information along with standard demographic figures, the EEOC this morning unveiled its 2019 EEO-1 reporting system that fails to include any request for such pay data. It appears as though employers will not have to provide information about their employees’ 2018 compensation for the time being – although you should still be prepared for this to change at a moment’s notice, and should begin preparing for such pay disclosures in the near future.

EEOC's Revised Pay Data Reporting Requirements Reinstated by Federal Judge

Executive Summary: On March 4, 2019, the U.S. District Court for the District of Columbia ruled to reinstate Obama-era revisions to the pay data reporting requirements established by the Equal Employment Opportunity Commission (EEOC), which effectively expand employers’ EEO-1 reporting requirements and obligate them to submit detailed employee pay data annually to the EEOC. This ruling will have important consequences for employers, and has raised understandable uncertainty and concern among the business community.

EEO-1 Pay Data Rule Back in Effect, Stay Lifted

On March 4, 2019, Judge Tanya Chutkan of the U.S. District Court, District of Columbia, ruled that the White House Office of Management and Budget (OMB) must lift a stay it imposed in August 2017, which prevented a new rule from going into effect requiring employers to report additional information regarding employee pay data. Specifically, the court vacated the OMB’s stay of the implementation of the Equal Employment Opportunity Commission’s (EEOC) revised Employer Information Report EEO-1 (EEO-1) form.

Judge Reinstates EEO-1 Wage Data Reporting Requirement

On March 4, 2019, a federal court reinstated an Obama-administration rule requiring that private employers with 100 or more employees submit information on their workers’ wages and hours, broken down by race, sex, and ethnicity, to the U.S. Equal Employment Opportunity Commission.

EEO-1 Pay Data Reporting Requirement Gets Restored

The requirement to include pay data in the EEO-1 report is back. On Monday, the federal district court for the District of Columbia vacated the Office of Management and Budget's (OMB) decision to stay the collection of Form W-2 wage and hour data in the annual survey.

EEO-1 Pay Data Reporting Requirement Gets Restored

The requirement to include pay data in the EEO-1 report is back. On Monday, the federal district court for the District of Columbia vacated the Office of Management and Budget's (OMB) decision to stay the collection of W-2 wage and hour data in the annual survey.

Federal Judge Reinstates EEO-1 Pay Data Reporting Rule

Employers with 100 or more employees, and federal contractors with 50 or more employees, historically have been required to file annual Employer Information Reports (“EEO-1 Reports”) disclosing their number of employees by job category, race, and sex. In 2016, the Obama administration’s EEOC expanded the required EEO-1 reporting data to include pay and hours worked data. The intention of this expanded reporting requirement was to help the agency identify discriminatory pay gaps. Under this expanded rule, covered employers would have been required to submit the pay data by March 31, 2018. However, in 2017, the Trump administration EEOC abandoned the expanded EEO-1 reporting requirement in favor of simply continuing existing EEO-1 reporting requirements. Advocacy groups, including the National Women’s Law Center, then sued the EEOC and OMB in an effort to reinstate the pay data reporting rule. In a surprising move, a federal district court judge in Washington, D.C. issued a ruling last night agreeing with the National Women’s Law Center that the government’s elimination of the pay data reporting rule was unlawful. In short, the judge held that the government had to have a “reasonable explanation” for changing course on the rule and that they had failed to present one. The judge’s remedy was to vacate the government’s action in rescinding the rule, thereby effectively reinstating the EEO-1 pay data reporting requirement. Employers would have had only until March 31, 2019 to file their expanded annual EEO-1 reports, but the deadline previously was extended to May 31, 2019 as a result of the government shutdown. It is unclear whether or not employers will have to comply by May 31, 2019. The government is expected to appeal the district court’s ruling and seek a stay of the ruling pending appeal. The EEOC has not yet issued a statement or direction for employers on the effect of the ruling. Stay tuned.

EEO-1 Pay Parity Data May Be Back

On March 4, 2019, the U.S. District Court for the District of Columbia surprised the employer community by vacating the White House Office of Management and Budget's (OMB) stay of the revised EEO-1 form’s pay data reporting requirements. National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (D.C. Cir. Mar. 4, 2019). As a result, it appears the Equal Employment Opportunity Commission (EEOC) could begin requiring pay data on future EEO-1 forms, although much uncertainty remains.

eLABORate: Federal Court Gives Green Light to EEOC Pay Data Collection Creating Employer Uncertainty

A delayed Obama-era requirement for employers to report their pay data to the Equal Employment Opportunity Commission (EEOC) has been revived by a federal judge, creating uncertainty for employers about their upcoming yearly EEO-1 reporting requirements and any possible changes to the current May 31, 2019 reporting deadline.

Court Orders Surprise EEO-1 Pay Data Collection Requirement Reinstatement—But When?

Employers will recall that in 2014, President Obama issued a memorandum directing the Equal Employment Opportunity Commission (EEOC) to develop a pay data collection.

Late Night Shocker: EEO-1 Once Again Poised To Gather Pay Data Information

A federal judge in Washington D.C. sent shockwaves through the employment law community late last night by reinstating a revised version of the EEO-1 report, which is now once again set to gather compensation information from employers across the country. The resurrection of the controversial revisions, which had been cast aside by the White House shortly after President Trump took over, will almost certainly be challenged by an appeal and could also lead to further agency maneuverings. While we have not yet seen the final chapter of this controversy written, employers need to prepare for the possibility that their pay practices will soon be placed under a federal microscope like never before.

Federal Judge Reinstates EEOC Pay Data Collection, Effective Immediately

A U.S. District Judge for the District of Columbia vacated the Office of Management and Budget’s (OMB) stay of the Equal Employment Opportunity Commission’s (EEOC) revised EEO-1 form and the September 15, 2017, Federal Register Notice implementing the stay (Staying the Effectiveness of the EEO-1 Pay Data Collection, 82 Fed. Reg. 43362). Nat’l Women’s Law Ctr. et al. v. OMB et al., No. 17-2458 (D.D.C. Mar. 4, 2019). The court immediately restored the prior directives of the EEOC and OMB requiring use of a revised EEO-1 form where employers with at least 100 employees have to report detailed information on their employees’ wages and hours, broken down by gender, race, and ethnicity.

BREAKING NEWS: Judge Vacates Stay of EEO-1 Pay Data Reporting Tool

As Bloomberg Law first reported, the U.S. District Court for the District of Columbia has found the government did not have proper justification to stay implementation of the EEOC’s pay data collection tool. As a result, the court has vacated the 2017 stay and ordered

2018 EEO-1 Filing Season Eve Brings a Surprise Data Collection Requirement Reinstatement

In a surprising development, on March 4, 2019, U.S. District Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia issued an order lifting the Office of Management and Budget’s (OMB) stay of an Obama-era initiative to add a compensation data collection component to the annual EEO-1 reporting requirement. In her order, Judge Chutkan recounted the administrative process through which the Equal Employment Opportunity Commission (EEOC) studied and proposed the collection of pay collection data to the annual EEO-1 survey including a discussion of the various steps to publish the proposed change and OMB’s approval of the change in September 2016.

EEO-1 Report Deadline Pushed Back to May 31

The deadline for filing EEO-1 Reports for 2018 has been extended from March 31 to May 31.

EEO-1 Reporting Deadlines Delayed Due to Government Shutdown

Last Friday, February 1, 2019, the EEOC issued a press release extending the deadline for employers to complete the submission of their 2018 EEO-1 reports until May 31, 2019. EEO-1 surveys are required annually of all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract or subcontract or purchase order amounting to $50,000 or more. The survey requires employers to report employment data by race/ethnicity, gender, and job category.

EEOC Announces Extension of EEO-1 Opening, Filing Deadlines

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019. The survey, which usually opens in early January, will now open in early March of this year. This one-time extension was occasioned by the recent partial shutdown of the federal government—the EEOC was one of the agencies shuttered by the 35-day closure, the longest in history.

eLABORate: Extended Federal Deadline for Employers to Submit EEO-1 Data

Due to the recent partial lapse in federal government appropriations, the deadline to submit EEO-1 data will be extended until May 31, 2019. The EEO-1 is an annual federal survey. It requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, sub­contract or purchase order amounting to $50,000 or more to file the EEO-1 report. The survey requires company employment data to be categorized by race/ethnicity, gender and job category. The filing of the EEO-1 report, is required by federal law per Section 709(c), Title VII of the Civil Rights Act of 1964, as amended; and §1602.7–§1602.14, Title 29, Chapter XIV of the Federal Code of Regulations. Details and instructions for EEO-1 filers, including the exact date of the survey opening, will be forthcoming. Filers should refer to the EEO-1 website https://www.eeoc.gov/employers/eeo1survey/index.cfm in the coming weeks for updates on the new schedule.

EEO-1 Reports Delayed Until May 31

Employers received a bit of good news today as the federal government announced the deadline for submitting their EEO-1 reports has been extended until May 31. Although originally due in just a few short weeks—on March 31—the Equal Employment Opportunity Commission (EEOC) announced the extension today in a brief news release, providing a measure of breathing room for employers across the country.

Making Binary Gender Choices in an Increasingly Non-Binary World as EEO-1 Season Approaches

Government contractors are entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees. Contractors face an employment marketplace that is dealing with gender in new ways while dealing with federal government reporting requirements built on traditional gender models. This confusion will likely not disappear anytime soon, and the landscape may become even more complicated in the future.

2018 EEO-1 Survey Site Will Open in Early March 2019

As we previously reported, the Equal Employment Opportunity Commission (EEOC) was one of the federal agencies affected by the partial federal government shutdown. On February 1, 2019, the EEOC announced that “[d]ue to the partial lapse in appropriations,” the agency has postponed the opening of the 2018 EEO-1 survey until early March 2019. Additionally, the filing deadline of March 31, 2019, has been extended to May 31, 2019.

EEO-1 Portal Closed, Reporting Deadline Uncertain

With the record partial government shutdown continuing and no end in sight, employers’ EEO-1 filing obligations appear to be on hold. Typically, by this time, employers that filed EEO-1 reports in the past should have received postcards from the Equal Employment Opportunity Commission (EEOC) reflecting company log-in information for the EEO-1 web portal. However, those postcards have not gone out, and the EEO-1 web portal is not accessible. Instead, attempts to log in redirect users to a general announcement about the EEOC’s operations during the government shutdown. That announcement provides information about charge intake, FOIA requests, and mediation, but it does not indicate the timeline or procedures for EEO-1 filing.

Share 2018 EEO-1 Filing Process Likely to Be Delayed Due to Government Shutdown

The Equal Employment Opportunity Commission (EEOC) is one of the federal agencies affected by the ongoing partial federal government shutdown. In addition to investigating and processing charges of discrimination, the EEOC also administers the annual EEO-1 filing process through the EEO-1 Joint Reporting Committee. Based on calls to the EEO-1 Joint Reporting Committee helpline, it seems the EEOC had planned to open the 2018 EEO-1 filing website during the second or third week of January 2019, with a planned filing deadline of March 31, 2019. More recent information suggests that the EEOC plans to open the EEO-1 filing website at the end of January 2019, but that is dependent on when the partial shutdown ends.

EEO-1 Reporting Deadline Still March 31

For over 50 years, by September 30, employers with 100 or more employees and federal contractors with at least 50 employees were required to submit an EEO-1 report to the Equal Employment Opportunity Commission (EEOC). The EEO-1 report provides the EEOC with data about the size, location, and race and gender demographics of an employer’s workforce. In 2017, due to proposed changes that would have required employers to also provide information on employee compensation and hours worked, the filing deadline for 2017 EEO-1 reports was changed to March 31, 2018. Although those changes were later withdrawn by the Office of Management and Budget, the new filing deadline stayed in place.

The EEO-1 Aftermath: The Filing Extension and Employers’ Common Mistakes

The filing deadline for employers to submit their 2017 EEO-1 reports was June 1, 2018—moved back from the original deadline of March 31, 2018. Employers may have used that extra time to double-check data and ensure they avoided common filing errors. This article answers some frequently asked questions about the filing extension and explores common EEO-1 mistakes.

EEO-1 Filing Deadline Extended to June 1, 2018

The U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 Joint Reporting Committee has now extended the deadline for filing the 2017 reports to June 1, 2018. Based on modifications to the EEO-1 survey, employers initially had until March 31, 2018, to file their 2017 EEO-1 reports.

EEO-1 Survey Report Deadline Extended by EEOC

Employers that were scrambling to meet the deadline for filing their 2017 EEO-1 report have been granted a brief reprieve. Recently, and without announcement, the Equal Employment Opportunity Commission (EEOC) changed the filing deadline posted on its website from March 31 to June 1. The deadline extension follows several other changes and clarifications to the reporting process made during the past year.

EEO-1 Filing Deadline Extended

Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018.

An EEO-1 Report FAQ: Meeting the Deadline and Avoiding an OFCCP April Fools’ Day

The EEO-1 form allows the Equal Employment Opportunity Commission to collect data from all employers with more than 100 employees, as well as government contractors and subcontractors, on the race, ethnicity, and gender of their workforces, organized by occupational category. Compiling, reporting, and filing EEO-1 reports can be a confusing and lengthy process. The 2017 EEO-1 report must be filed by March 31, 2018. Here are some answers to contractors’ frequently asked questions on filing their EEO-1 reports as this year’s deadline approaches.

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.

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.

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.

The Fight to Keep EEO-1 Pay Data Collection

Just when it appeared settled that EEO-1 Pay Data reporting was no longer on the table, advocacy groups have filed a lawsuit to reinstate the rule.

It’s Time to be Thinking about your 2018 EEO-1 Reports

Now that you’ve successfully filed your 2017 VETS-4212 reports, it’s time to focus on EEO-1 reporting. Most employers are not accustomed to focusing on EEO-1 reporting going into a new year, but following the filing reprieve in 2017, employers need to make sure they are prepared to file in 2018.

Salary (Non)Disclosure Rules Continue to Spread

As we reported recently, the White House announced an immediate stay of new EEO-1 pay data collection requirements that would have required more transparency about compensation based on race and gender. Citing the unnecessary burden and other data interpretation concerns, the Office of Management and Budget called for further review of the proposed Equal Employment Opportunity Commission action. While this reporting and disclosure rule was widely (and inaccurately) panned as halting the “Equal Pay Rule,” a growing number of states and local jurisdictions are passing and/or pushing for greater salary transparency while also prohibiting salary-related questions.

EEOC Formally Notifies Employers EEO-1 Pay Reporting Requirements Are Suspended

The Equal Employment Opportunity Commission (EEOC) has told employers not to report employees' pay data when filing their 2017 EEO-1 report in a notice published in the September 15 Federal Register. However, employers still must comply with earlier EEO-1 form requirements and report data on race, ethnicity and gender by occupational category.

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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