Firm News

February 4, 2018

EEOC Defers Efforts to Collect Wage and Hour Data for 2017 EEO-1 Reporting Cycle

Deadline for submissions pushed back to early 2018

The Equal Employment Opportunities Commission (“EEOC”) recently announced that it will not collect W-2 pay and hours-worked data on the 2017 EEO-1 Report. The annual report is typically filed by employers with 100 or more employees. This announcement was made shortly after the Office of Management and Budget (“OMB”) issued an August 29, 2017 Memorandum advising the EEOC of its decision to immediately stay implementation of updated reporting requirements which adopted by the EEOC in September of 2016.

Back in September of 2016, the EEOC announced updated requirements which were to go into effect for the 2017 EEO-1 Report. The most significant updates included:

  1. Changing the EEO-1 filing deadline line from September 30, 2017 to March 31,
    2018;
  2. Changing the “workforce snapshot period” to a payroll period between
    October 1, 2017 and December 31, 2017; and
  3. Mandating the submission of pay data and hours-worked information on top of the previously required data regarding employees’ race, ethnicity, and gender.

The EEOC states that the 2017 EEO-1 Report “will continue to collect race, ethnicity, and gender data . . . and will not include the collection of pay and hours worked data.” The EEOC has further indicated that updated filing deadline (March 31, 2018) and “snapshot” window (October 1, 2017 – December 31, 2017) will remain in effect for the 2017 EEO-1 Report.
The OMB is delaying implementation of these new reporting requirements based on findings that the public has not had adequate opportunity to comment on the new data collection, the cost of collecting this data has not been adequately calculated, and the collection does meet the standards of the Paperwork Reduction Act. Specifically, the new guidelines lacked practical utility, are burdensome, and do not address privacy concerns.

Contact Feldman Kieffer today to discuss your business practices and necessary Federal and State filings.

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