In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.” The EEOC is reporting that, “as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.” Please find the rest … Continue Reading
Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices. No Inquiries into Salary History. Under the amended EPA, employers and employment agencies may not: Screen applicants based on their current or prior wage or salary history, including benefits or other compensation; … Continue Reading
Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities. The … Continue Reading
In its most recent required status report to the court, filed September 27, 2019, the EEOC reports: “[s]o long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component … Continue Reading
With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now. Since July, California’s Senate Bill 171 (requiring private employers with at least 100 employees to submit an annual report of employee pay data broken down by … Continue Reading
As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not impact … Continue Reading
As previously reported, EEOC is expected to publish tomorrow a Notice of Information Collection regarding EEO-1 Reporting. An advance copy of the notice reports that “the EEOC is not seeking to renew Component 2 of the EEO-1.” Instead, the Commission has concluded it should consider information from the current Component 2 collection before deciding whether … Continue Reading
State pay equity laws, in large part, have been a response to a perception that the federal government is not acting effectively or quickly enough to address gender and race pay gaps. Not surprisingly, several democratic presidential candidates have staked out platforms on how they will address pay inequities at the federal level – some … Continue Reading
In its required status report, filed pursuant to Court Order, EEOC announced it is preparing a Notice of Information Collection – Employer Information Report (EEO-1) to seek authorization from the Office of Management and Budget (OMB) for the collection of pay data going forward. As a reminder, OMB approval for the data collection expires September 30, … Continue Reading
An amendment to the Illinois Equal Pay Act expands the Act’s scope and prohibits employers in Illinois from requesting information about a job applicant’s prior compensation. House Bill 834 passed both houses of the Illinois General Assembly, and was signed into law by Governor J.B. Pritzker on July 31, 2019, as Public Act 101-1077. The … Continue Reading
New Jersey has enacted a new law prohibiting employers from seeking or relying on job applicants’ salary history. Lieutenant Governor Sheila Oliver (acting on behalf of New Jersey Governor Phil Murphy) has signed legislation that prohibits employers from requesting or relying on a job applicant’s salary history in hiring and pay-setting decisions. The law will … Continue Reading
On the heels of the U.S. Women’s Soccer Team’s World Cup win, Governor Andrew Cuomo on July 10, 2019, signed into law two bills that expand New York’s existing equal pay laws. In enacting two of the three equal pay bills passed by the New York Legislature, New York joins other states in expanding the … Continue Reading
As July 15th draws closer, EEOC and NORC are ramping up for opening of the EEO-1 Component 2 Pay Data reporting portal. As part of these efforts, they are consistently providing new information on the reporting obligation. Please find the rest of this article on our Affirmative Action & OFCCP Law Advisor blog here.… Continue Reading
As we previously reported, on July 2, EEOC updated the its newly created website with long-awaited materials regarding the obligation of employers with 100 or more employees (or contractors with 50 or more employees) to submit pay data and hours worked data as part of the annual EEO-1 reporting obligations. Please find the rest of … Continue Reading
As we approach the July 15 date on which EEOC expects to open the portal to file EEO-1 Component 2 pay data reports, EEOC has at long last provided us with guidance materials: https://eeoccomp2.norc.org/faq.html. Please find the rest of this article in our Affirmative Action & OFCCP Law Advisor blog here.… Continue Reading
The recent focus on the EEOC’s new Component 2 to its EEO-1 Report has been undeniable. It requires employers report on the race, ethnicity, sex, job type, pay, and hours worked data of its employees. OMB approved this data collection during the Obama Administration. Then, under President Donald Trump, the OMB reversed course, staying the … Continue Reading
In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on an employee’s hair or hairstyle. Governor Andrew M. Cuomo is expected to sign … Continue Reading
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. Please find the rest of this article in our Affirmative Action & OFCCP Law Advisor … Continue Reading
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. EEO-1 Component 2 pay-and-hours-worked data is due by September 30, 2019 (the same day … Continue Reading
Yesterday, Alabama’s Governor, Kay Ivey, signed a new law that would prohibit employers from paying less for the same work on the basis of gender or race. After both the House and the Senate approved the bill, it was sent back with an executive amendment from Governor Ivey on May 30, 2019. Upon approval of … Continue Reading
Colorado Governor Jared Polis has signed what is one of the toughest enhanced state pay equity laws to date. Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. The new law goes into effect on January 1, 2021. Just before the close … Continue Reading
One of the biggest outstanding questions about the recently reinstated pay data reporting obligation was whether employers will be required to provide more than one year of pay data during this reporting cycle. EEOC has made its decision. Please find the full article in our Affirmative Action & OFCCP Law Advisor blog here.… Continue Reading
Washington is the latest state to pass additional pay equity protections. One year after enacting the 2018 Equal Pay and Opportunity Act, which included an array of enhanced pay equity provisions, the legislature passed HB 1696, which restricts pay history inquires and enhances pay transparency requirements. The bill passed on a near party-line vote. Governor … Continue Reading
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: EEOC is ordered to collect EEO-1 Component 2 pay data for calendar years 2017 and 2018 Please find the full article in our Affirmative Action & … Continue Reading
