Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019
September 30, 2019, is the deadline for employers with at least 100 employees to submit data via a soon-to-be-expanded EEO-1 Report on their employees’ hours worked and W-2 wages from 2018, a federal judge ruled yesterday. Here are the key points to understand about this long-awaited decision and its practical effects:
The judge ordered the U.S. Equal Employment Opportunity Commission (EEOC) to immediately start taking steps to update its website to accept the new pay and hours data, which will greatly expand the EEO-1 Report. The EEOC must submit progress reports to the judge every three weeks (National Women’s Law Center v. Office of Management and Budget, D DC, order issued 4/25/19).
The judge ordered the EEOC to collect not just the 2018 pay and hours data, but also another year of such data. The EEOC must decide by May 3, 2019, whether to require employers to also upload 2017 pay and hours data (in which case it will be due by September 30, 2019, along with the 2018 data), or 2019 pay and hours data (in which case it will be due by March 31, 2020, the normal deadline for next year’s EEO-1 Report). The reason is that the original approval from the Office of Management and Budget (OMB) would have allowed the Obama-era EEOC to collect pay and hours data for at least two years before the OMB’s approval expired. As we previously reported, in August 2017, the OMB stopped the expansion of the EEO-1 Report from taking effect. The judge extended the approval period to account for the unauthorized halting of the expanded data collection.
The deadline for the traditional workforce snapshot report is unchanged. May 31, 2019, is still this year’s deadline for employers with at least 100 employees, plus employers with at least 50 employees and $50,000 in federal contracts, to submit their workforce snapshot from a date during the last quarter of 2018. Normally the deadline would be March 31, but it was extended to May 31 due to the partial federal government shutdown earlier this year.
Tips: Go ahead and submit your traditional one-day workforce snapshot data on the EEO-1 Report website by May 31, even if the website isn’t yet able to accept the pay and hours data. If you employ at least 100 employees, this means it’s likely you’ll need to separately submit the two portions of the EEO-1 Report: the snapshot report (“Component 1”) by May 31, and the pay and hours report (“Component 2”) by September 30.
If you employ at least 100 employees, you should determine what steps you’ll need to take in order to submit your 2018 pay and hours data by September 30, 2019. The hours worked that you include in your calculations must correspond to the W-2 wages for 2018. For workers who are exempt from overtime, you have the option of reporting actual hours worked, or reporting 40 hours per week for full-time workers and 20 hours per week for part-time workers, multiplied by the number of weeks employed during the year. You must sort the data into the usual 10 EEO job categories, subdivided by 12 standard pay bands in each category, and sorted by race/ethnicity and gender. The EEOC will provide instructions on this newly expanded data collection. Instructions for the original EEO-1 Report are located here.
Vigilant will keep members apprised as new developments occur. Questions? Contact your Vigilant attorney or affirmative action representative.
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