New EEOC Pay Data Reporting Requirements: Start Preparing Now
The Equal Employment Opportunity Commission (EEOC) announced today the release of a revised EEO-1 Report to collect summary employee pay data from certain employers. This summary data will be added to the existing annual EEO-1 Report and applicable to private employers, federal contractors and subcontractors with 100 or more employees.
The revised EEO-1 Report has two new elements: a) summary pay data where Employers report the total number of full and part-time employees they had during that year in each of 12 pay bands listed for each of the 10 EEO-1 job categories; and b) aggregate hours worked data where Employers tally and report the number of hours worked that year by all the employees accounted for in each pay band. To identify the pay band on the revised EEO-1 in which to count an employee, employers will rely on the pay reported for income tax purposes that year in Box 1 of the W-2 form. Hours worked for non-exempt employees will reflect actual hours worked and recorded by the employer (as required under the Fair Labor Standards Act). For employees who are exempt from the FLSA, employers have a choice of either reporting 20 hours per week for each part-time employee and 40 hours per week for each full-time employee; or reporting the actual number of hours worked. The first deadline for the new 2017 EEO-1 Report will be March 31, 2018. Employers will count their employees during the "workforce snapshot period" which beginning with the EEO-1 report of 2017 data, will be October 1 to December 31, 2017. Each employer may choose any pay period during this three-month "workforce snapshot period" to count its full and part-time employees for the EEO-1 Report.