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5 things I don’t like about the EEOC’s “pay survey” proposal

You have no doubt heard that the Equal Employment Opportunity Commission proposes to require employers with 100 or more employees to start submitting compensation data with their annual EEO-1 reports.

EEOC Retaliation Guidance, Part 2: Was your employment action “adverse”?

What’s a “materially adverse employment action”? This is the second part in what should be a three-part series (it’s possible that we’ll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues recently published by the Equal Employment Opportunity Commission.

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 Seeking Comments on New Enforcement Guidance Concerning Retaliation in the Workplace

Late last month, on January 21, the EEOC published its draft EEOC Enforcement Guidance on Retaliation for public comment. The comment period ends on February 24, 2016. These Guidelines would replace the current Enforcement Guidelines, which have been in place since 1998.

New EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in nearly 20 years. The proposed changes track the EEOC’s recent efforts to broaden conduct deemed retaliation and the concept of causation.

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.

EEOC Proposes to Modify EEO-1 Form to Include Wage Data

The EEOC is proposing to change EEO-1 reporting requirements to add wage data. Employers who file the EEO-1 (private sector employers with > 100 employees and federal contractors with > 50 employees) already report race and sex of employees in certain job categories. If adopted, the proposal would require employers to report the W-2 wages earned by race and sex in each of the job categories for a one-year fiscal period.

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.

Jackson Lewis P.C. | Massachusetts | Massachusetts Law To Prohibit Inquiries Regarding Prior Salary at Interview (February 01, 2016)

Jackson Lewis P.C. | California | California Court of Appeal Holds Employee’s Agreement to Reimburse Training Costs in Event of Resignation Does Not Offend Public Policy (February 02, 2016)

Littler Mendelson, P.C. | New York | Don't Get Lost in the Weeds: Medical Marijuana is Now Legal in New York (February 01, 2016)

Ogletree Deakins | Massachusetts | Can a Massachusetts Religious School Refuse to Employ a Worker in a Same Sex Marriage (February 01, 2016)

Franczek Radelet P.C | Illinois | Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded (February 04, 2016)

Littler Mendelson, P.C. | New York | New York City Expands Human Rights Law to Prohibit Employment Discrimination Against Caregivers (February 01, 2016)

FordHarrison LLP | New York | HOME CARE PROFESSIONALS SERIES Part 1 – NYS Domestic Workers' Bill of Rights (February 02, 2016)

Franczek Radelet P.C | Illinois | Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation (February 01, 2016)

Jackson Lewis P.C. | California | What California Retail Employers Need to Know About Accommodating Pregnancy (January 29, 2016)

Schulte Roth & Zabel LLP | New York | New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption (February 04, 2016)