EEOC Revises Proposed Rule on Collecting Pay Data

On July 14, 2016, the Equal Employment Opportunity Commission (EEOC) revised its proposed rule on collecting specific pay data in Employment Information (EEO-1) Reports from employers who have either 100 or more employees, or a federal contract and at least 50 employees. The newly revised proposed rule:

  • changes employers’ initial EEO-1 Report filing date from September 30, 2017, to March 31, 2018 (and on March 31 every year thereafter).
  • clarifies the definition of “hours worked” for both non-exempt employees as well as exempt employees.
  • changes the “workforce snapshot” (the pay period when an employer tallies the number of individuals employed for that year’s EEO-1 Report) from any pay period between July and September to any pay period between October 1st and December 31st of the reporting year.

The Commission amended the deadline to file the revised EEO-1 Report due to comments made by employers in the first public comment period that there is insufficient time to budget, develop and implement processes or systems to capture the data. The public may submit comments on the revised proposed update through August 15, 2016.

To find out more about how affected employers can prepare for issuance of the final rules, as well as details on the pay bands which will be used to gather pay data in conjunction with demographic data, read the ES&A article.