California SB 973 requires employers that (1) file EEO-1 reports and (2) employ more than 100 employees to submit data to the California Department of Fair Employment and Housing (DFEH) annually that shows pay by race and gender for their California employees. It was signed into law on September 30, 2020, and DFEH has been … Continue Reading
The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021. The DFEH has launched an information page that provides needed clarity on certain obligations and has issued additional guidance on the pay data … Continue Reading
In a continued effort to reduce gender and racial pay gaps, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, which creates massive pay reporting requirements for employers. In 2021, certain California employers will be required to submit annual information on its employees’ pay data by gender, race, and ethnicity to … Continue Reading
Following the most recent Court Order, EEOC has provided the court with a current update as to its compliance with the Court’s Order that it continue to keep the EEO-1 Component 2 pay data reporting portal open. The Court has ordered the portal remain open until at least January 31, 2020 to allow additional filers to submit … Continue Reading
Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The Order states, despite the acknowledged expense, that EEOC “must continue to take all steps necessary to complete 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
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
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 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
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
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
Judge Tanya S. Chutkan has ordered initial compliance with the EEO-1 pay data reporting obligation by September 30, 2019. As we previously reported, the EEOC has informed the court it could complete collection of data by September 30th by utilizing the services of a third party vendor, though there would be quality and integrity concerns. … Continue Reading
It appears employers will need to wait a bit longer to learn when they will be required to file their EEO-1 pay data. In an order filed April 11, Judge Tanya S. Chutkan set a hearing for 2:00 p.m. Eastern on April 16, 2019 for the parties to present their cases regarding the government’s compliance with her order … Continue Reading
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 update was filed in response to Judge Tanya S. Chutkan’s request that the government provide the court with … Continue Reading
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. As we reported on March … Continue Reading
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 … Continue Reading
The New Jersey Department of Labor and Workforce Development has issued two reporting forms for the new Diane B. Allen Equal Pay Act: Contracts for Qualifying Services and Contracts for Public Works. To assist contractors with filing the forms, the state also has issued Instructions. The Equal Pay Act went into effect on July 1, … Continue Reading
As previously reported here, in November 2017, following the Office’s of Management and Budget (“OMB’s”) “immediate stay” of the EEO-1 pay data reporting requirement, the National Women’s Law Center (“NWLC”) and the Labor Council for Latin American Advancement (“LCLAA”) filed a lawsuit to reinstate the EEO-1 pay data reporting requirement, asserting OMB lacked the legal … Continue Reading
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. In November, the National Women’s Law Center (NWLC) and the Labor Council for Latin American Advancement filed suit against the Office of Management and Budget (OMB), the Equal Employment … Continue Reading
