Federal Court Reinstates Employer Pay Data Reporting for 2017, 2018

Late last month, the Equal Employment Opportunity Commission (EEOC) announced that employers with 100 or more employees will be required to report data on all their employees, detailed by pay, hours, race, sex and ethnicity. The information reporting deadlines are May 31, 2019, for demographics and September 30, 2019, for the detailed pay and hours data. The pay/hours data due in September is required to cover both 2017 and 2018.

This latest development follows a ruling from the U.S. District Court for the District of Colombia that reinstated an Obama Administration rule, previously stayed by the Trump Administration in 2017. Specifically, this reporting requirement, referred to the EEOC as the EEO-1 report, consists of two components, one of which requires employers to report their employee demographics (known as Component 1) while the second requires those employers to break down those demographics with pay data and hours worked (known as Component 2). While the Component 1 portion, a requirement for a number of years, is due May 31, the Component 2 is the added portion promulgated by the Obama Administration and recently restored by the court with a reporting deadline of September 30, 2019.

While this reporting requirement and its deadlines represent a burden to industry, the Trump Administration has appealed the court’s decision and is working toward a reinstatement of its previous stay before the September 30 reporting deadline. NRMCA, from the beginning of this issue, has opposed the Obama Administration’s Component 2 addition. With this new development, NRMCA again has signaled its opposition to Component 2 and its reinstatement. NRMCA is working with its like-minded coalition partners to explore legal, regulatory and legislative remedies.

For more information on the EEO-1 and how to report, please click here, here and here. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.