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Revised EEO-1 Pay Data Reporting Requirement Blocked Indefinitely

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All Employers of 100+ Employees

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August 29, 2017

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Last year, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it would revise the EEO-1 form large employers must use to report demographic data about the workforce.  These changes manifested in the revision of “Component 2” of the form, which would have required employers to report employee FLSA classification and pay data based upon W-2s.  This information was originally intended to identify discriminatory pay practices.

On August 29, 2017, the Office of Information and Regulatory Affairs (“OIRA”) announced that it was suspending the Component 2 of the EEO-1 report indefinitely. For the time being, the Acting Chair of the EEOC announced that employers should use the EEO-1 survey form used in previous years to meet the filing deadline of March 31, 2018.

Action Items

  1. Be prepared to record EEO-1 related data on the previous years’ EEO-1 form.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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October Updates

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This HR Alert addresses the following topics:
  1. New Process Speeds up Federal Whistleblower Complaints in the West
  2. EEOC Issues Guidance on Retaliation and Related Issues
  3. Eighth Circuit: Extension on FMLA Leave is not a Reasonable ADA Accommodation
  4. California: Court of Appeals Comments Again on “Associational” Disability Discrimination
  5. California: Continuing to Lead the Nation in Inclusive Restroom Laws
  6. California: Vehicle Code Amended to Re-Address Electronic Devices While Driving
  7. Berkeley, CA: Minimum Wage Increased October 1, 2016
  8. Morristown, NJ: Paid Sick Time Law Passed (and then Delayed)

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August Updates

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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July Updates

Workplace Wellness Incentive Guidelines Update

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All Employers

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January 1, 2017

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Implementing a company wellness program can reduce overall health-related costs, such as reducing the amount of employee absences or lack of productivity due to illness.  It can also help retain and attract talent in a competitive market.  Given the positive impact on a company’s well-being, many employers are implementing wellness programs for employees.

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) published two Final Rules (“Rule(s)”) clarifying under what conditions employers can offer incentives for employee participation in workplace wellness programs, while also protecting employees from discrimination.  The two Rules apply to the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”).

June Updates

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This HR Alert addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
  2. U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
  3. EEOC Doubles Poster Violation Penalty Fine
  4. EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
  5. California Businesses Now Have Time to Fix Accessibility ADA Violations
  6. California Paid Sick Leave Coverage Expanded to In-Home Workers
  7. Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
  8. Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
  9. Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
  10. Many Tennessee Employers Soon Required to Use E-Verify
  11. Vermont Passes Ban-the-Box Legislation

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U.S. EEOC Implements New Procedures For Position Statements

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All Employers

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January 1, 2016

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The U.S. Equal Employment Opportunity Commission (EEOC) recently implemented new nationwide procedures regulating when an employer’s EEOC position statement is released to a charging party during an investigation. Previously, the employer’s position statement was obtained and disclosed after the charge and closure of the case.

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EEOC Proposes Rule on Interpretation of ADA for Employer Wellness Programs

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April 20, 2015

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The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, effecting the application of the landmark Americans with Disabilities Act (ADA) to employer wellness programs.

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EEOC Issues Guidance Regarding Employer Use of Criminal Background Checks

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All Employers, Employment Agencies and Unions

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EEOC Guidance, upon issuance, April 25, 2012

New Notices, January 1, 2013

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On April 25, 2012, the EEOC voted to adopt new guidance for employers that use information on criminal convictions in their hiring process. The EEOC opined that, because arrest and conviction rates are higher among minorities than the general population, employers’ practices of rejecting anyone with a criminal record may have a disparate impact on minority candidates. This guidance applies to criminal convictions, not arrests, in that the EEOC’s position is that arrests that did not result in convictions should not be used in hiring decisions.

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