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EEOC Ends EEO-1 Pay Data Collection Component; 2019 Filing Timeline Still Up in the Air

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February 10, 2020

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For the last two years, employers subject to EEO-1 reporting had to notate compensation information and submit pay data alongside demographic data. This February, a D.C. district court recently approved the Equal Employment Opportunity Commission’s (EEOC) request to consider its 2017 and 2018 pay data collection complete.

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September Updates

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This Short List addresses the following topics:
  1. REMINDER! EEO-1 Component 2 Reporting is Due September 30th
  2. DOL Says DOT Drivers Sleeping in Berths While Off-Duty is Unpaid Time
  3. 2nd Circuit: Collectively Bargained Arbitration is Governed by the Scope of the Agreement
  4. 9th Circuit: The Dynamex Independent Contractor Test Does Not Apply Retroactively – For Now
  5. New Noncompete Restrictions in Maine, New Hampshire, and Rhode Island
  6. Arizona: Mini-COBRA and Bona Fide Associations Updates
  7. California: Hairstyles Soon to Be Protected From Discrimination
  8. Emeryville, CA: Small Independent Restaurant Minimum Wage Hold Repealed
  9. Florida: Unemployment Compensation Protections for Domestic Violence Victims
  10. Indiana: Direct Sellers are Exempt from Minimum Wage Rules
  11. Iowa: Enacts Negligent Hiring Protections for Employers
  12. Louisiana: Electronic Notice to Employees Permitted for Group Health Insurance Plans
  13. Kansas City, MO: Enacts Salary History Inquiry Ban
  14. New Hampshire: Child Labor Hours Restricted
  15. New York: Paid Family Leave Benefit Schedule Update
  16. New York: Whistleblower’s Immigration Status is Protected
  17. Ohio: Motor Carrier Drivers Excluded from Definition of “Employee”
  18. Pittsburgh, PA: Paid Sick Leave is Revived by State Supreme Court
  19. Vermont: Expunged Records Make Criminal Convictions Vanish
  20. Virginia: Updates to Minimum Wage Exemptions and Nondisclosure Agreements
  21. West Virginia: Effect of Expunged Criminal Convictions

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EEO-1 Component 2 Reporting for 2017 AND 2018 is Due September 30, 2019

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May 1, 2019

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The Equal Employment Opportunity Commission (EEOC) recently issued reinstatement of EEO-1 expanded data collection requirements and posted notice on its website that EEO-1 filers are required to submit Component 2 data for calendar years 2017 AND 2018 by September 30, 2019. (EEO-1 filers include employers with one hundred or more employees as well as certain contractors with more than fifty employees.) This has been an ongoing issue since the requirement to collect Component 2 data was implemented in 2016, and the Office of Management and Budget’s (OMB) attempt to block its implementation in 2017. As previously reported, in Nat’l Women’s Law Ctr. v. Office of Mgmt. & Budget, a federal judge in the D.C. Circuit Court stated that the OMB failed to demonstrate good cause for staying the release of the updated EEO-1 report form.

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Hold On to Your Hats – Expanded EEO-1 Pay Data May Need to Be Reported for 2018

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March 4, 2019

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A Washington, D.C. federal district court judge in National Women’s Law Center v. OMB recently stated that the previously revised EEO-1 report, including employee pay data, is the form employers should be using to submit their required Employer Information Report. In 2016, the EEOC proposed changes to its employer data collection requirements to add 12 pay bands for the 10 job categories that are tracked in EEO-1 reporting. After proposed revisions, the rule was approved by the Office of Management and Budget (OMB) and the revised EEO-1 form was issued. However, following the 2016 presidential election, the OMB directed the EEOC to issue a stay of the form’s release, which it did, and the EEOC subsequently removed the revised EEO-1 form from its website.

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NEW E-Verify and EEO-1 Deadlines – Fallout from the Government Shutdown

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January 28, 2019

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The recent partial government shutdown touched everyone in one way or another. For employers, this meant no access to E-Verify and EEO-1 reporting.

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October Updates

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This Short List addresses the following topics:
  1. U.S. Department of Labor Issues Updated FMLA Forms
  2. EEO-1 Reporting Deadline Still March 31st
  3. NLRB: E-Verify Enrollment is a Mandatory Subject of Bargaining
  4. IRS Updates Paid Family Leave Tax Credit
  5. Sixth Circuit: Educational Institution’s Investigation Procedures Challenged in Title IX Case
  6. Seventh Circuit: Potential Back Pay in Hostile Work Environment Claims
  7. Ninth Circuit Affirms DOL Guidance on “20% Rule” for Tipped Employees
  8. California: IMPORTANT – Update on How Split Shifts Are Paid
  9. San Francisco, CA: Update Fair Chance Ordinance Notice/Poster
  10. New York: Home Care Workers’ “13-Hour Rule” is Invalid

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May Updates

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This Short List addresses the following topics:
  1. EEO-1 Deadline Delayed to June 1, 2018
  2. IRS Issues Guidance on Family and Medical Leave Tax Credit
  3. Veteran Hiring Benchmark Lowered for 2018
  4. IRS Rolls Back 2018 HSA Contribution Limit Change
  5. U.S. DOL Launches Payroll Audit Pilot Program
  6. U.S. Supreme Court Settles FLSA Status of Car Dealership Service Advisors
  7. California: Staffing Agencies Need Not Police Meal Periods
  8. Emeryville, California: Minimum Wage Update
  9. Michigan: Local Governments Prohibited from Limiting Employer Interview Inquiries
  10. Nevada: Minimum Wage Will Not Change in 2018
  11. Pennsylvania: State Supreme Court Says “Actual Damages” Include Non-Economic Damages Under Whistleblower Law
  12. West Virginia: Employers May Not Prohibit Firearm Storage in Personal Vehicles

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March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on DACA Program
  2. Reminder: 2017 EEO-1 Filing Deadline March 31, 2018
  3. H1-B Visa: Filing Deadlines and New Requirements
  4. Federal Judge Blocks EEOC Enforcement Guidance on Background Checks
  5. Reminder: Massachusetts Pregnant Workers Fairness Act Effective April 1, 2018
  6. Wisconsin’s Non-Compete Rules Apply to Non-Solicitation Agreements

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California: New Law Imposes Pay Data Reporting Requirements on Large Employers

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All Employers of 500+ CA Employees

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July 1, 2019

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UPDATE (10/23/17) – Although passed by the California State Legislature, this law was not signed by Governor Brown and therefore did not go into effect. Look for additional updates on this topic. 

While the Trump Administration has indefinitely blocked implementation of the EEO-1 form section that would have required reporting employee pay data, California has gone a step further in requiring employers to report information about gender wage differentials.  Effective July 1, 2019 and biennially thereafter, Labor Code Section 2810.6 will require employers of 500 or more CA employees to collect and report specific demographic and wage disparity information.

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