It is a new year and that means a fresh round of compliance reporting obligations for many companies. Here’s what lies ahead for 2022.
California Pay Data Reports
On September 30, 2020, California Governor Gavin Newsom signed into law (that went into effect in 2021) a pay data reporting requirement for employers with employees in California. As a result, California employers of 100 or more employees must report pay and hours-worked data by establishment, job category, sex, race, and ethnicity to the Department of Fair Employment and Housing by March 31, 2022.
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the 2021 EEO-1 filing site is tentatively scheduled to open on April 12, 2022, with a tentative filing deadline of May 17, 2022. One major change from previous years is the discontinued use of Type 6 reports for establishments with fewer than 50 employees. All companies will now have to file Type 8 reports for these smaller establishments. Also, the EEOC did not process countless mergers and acquisitions during the last filing cycle. The agency has not indicated how it will navigate this issue for the 2021 filing. EEO-1 updates are available on the EEO-1 data collection website.
Employers that have federal government contracts or subcontracts worth $150,000 or more are required to file VETS-3212 reports to the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS), regardless of the number of employees. The 2022 VETS-4212 filing site is expected to open sometime during the summer, with a filing deadline of September 30, 2022.
Illinois Equal Pay Reporting
In 2021, Illinois Governor J.B. Pritzker enacted Senate Bill 1480, which amended the Illinois Human Rights Act, the Illinois Equal Pay Act, and the Illinois Business Corporation Act. Part of the new law imposes new requirements for reporting workforce demographics to the state and requires employers to obtain a certification that they are complying with federal and state equal pay laws. Employers with more than 100 employees in Illinois have until March 23, 2024, to submit their certification applications to comply with the state’s new reporting requirements, and recertification is required every two years.
Ogletree Deakins will continue to monitor and report developments with respect to these compliance reports and will post updates on the Affirmative Action / OFCCP, Government Contractors, and State Developments blogs. Important information for employers is also available via the firm’s webinar and podcast programs.