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Feb 18, 2016

EEOC proposes to add pay and hours to EEO-1 Report requirements

Wage and Hour 

A proposed expansion of the EEO-1 Report would require all private employers with at least 100 employees to provide data on compensation and hours worked.

A proposed expansion of the EEO-1 Report would require all private employers with at least 100 employees to provide data on compensation and hours worked. For many years, employers with at least 100 workers (or 50 workers and $50,000 in federal contracts) have been required to submit EEO-1 Reports by September 30 each year. These reports generally display the total number of workers at each worksite in a chart with separate columns for race/ethnicity and gender and separate rows for 10 job categories. The U.S. Equal Employment Opportunity Commission (EEOC) wants to subdivide each of the 10 job category rows into 12 pay bands, resulting in 120 rows in which employers would report the number of workers and total number of hours worked (still sorted by race/ethnicity and gender) in each pay band. Employers would continue to use a snapshot date from a pay period between July 1 and September 30. In the proposed report, they would calculate total W-2 earnings and hours worked using the 12-month period prior to the snapshot date.

The new requirements would take effect in 2017, and the EEOC would share the results with the Office of Federal Contract Compliance Programs (OFCCP). Both agencies would use the data to “assess complaints of discrimination, focus investigations, and identify employers with existing pay disparities that might warrant further examination.” More information and a sample online report can be found on the EEOC’s web page on the proposed EEO-1 Report expansion. Covered federal contractors with 50 to 99 employees would continue to be required to submit the information contained on the current EEO-1 Report (81 Fed Reg 5113, Feb. 1, 2016).

Tips: Comments on the proposal are due April 1, 2016. Vigilant intends to submit comments on behalf of our members. We will be sending a survey to our members to assist with our response. If you have any questions or feedback to share, please contact Karen Davis (503-620-1710).

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