California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says

On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020—known as a request for an “enforcement deferral period”—as to its newly enacted pay data reporting requirement that reports are otherwise due on March 31, 2021.

California Pay Data Reporting: New Web Page and 10 FAQs for Employers That Report to the DFEH

On September 30, 2020, California Governor Gavin Newsom signed into law a pay data reporting requirement for employers that assigns responsibility for collecting such data to the California Department of Fair Employment and Housing (DFEH). To assist employers with this filing requirement, the DFEH recently established a web page and published answers to a a series of frequently asked questions (FAQs) that address several topics related to the upcoming filings, which are due no later than March 31, 2021.

EEO-1 Filers Must Wait a Little Longer—EEOC Announces Filing Platform Will Not Open Until April 2021

The U.S. Equal Employment Opportunity Commission (EEOC) issued a press release on January 12, 2021, notifying EEO-1 filers that the EEO-1 filing platform will not open until April 2021. This is of particular interest for employers because the EEOC delayed the 2019 EEO-1 filings, which would normally have been due in March 2020, due to the COVID-19 pandemic—meaning that both the 2019 and 2020 EEO-1 filings will be due this year.

OFCCP’s Fiscal Year 2020 Non-Financial Conciliation Agreements: A Review of the Past to Prepare for the Present and Future

Federal contractors and subcontractors have numerous affirmative action obligations and only so much time each day to devote to compliance. As a result, some requirements may tend to fall by the wayside as contractors focus on the more critical issues of ensuring equal employment opportunities in matters such as hiring, promotions, and pay. Even the smallest of the technical regulatory obligations, however, are important and serve a purpose—and, in fact, they can significantly enhance contractors’ affirmative action efforts by requiring regular, critical review and analysis of personnel practices.

New California Pay Data Collection Law Establishes March 31 Reporting Deadline

On September 30, 2020, California Governor Gavin Newsom signed California Senate Bill 973 into law as Government Code Title 2, Division 3, Part 2.8, Chapter 10, § 12999. The bill authored by Senator Hannah-Beth Jackson (Santa Barbara) is titled “Employers: annual report: pay data,” and it states that while “progress [has been] made in California in recent years to strengthen California’s equal pay laws,” there is still a significant gender pay gap and for women of color that pay gap is greater. To address these pay issues, the California Government Code’s new section 12999 requires pay data reports from covered employers and delegates additional powers to the California Department of Fair Employment and Housing relating to the new pay data reporting requirement. Section 12999 requires covered employers to file pay data reports no later than March 31, 2021, and on or before every March 31 thereafter.

OFCCP Goes Live With Landing Pages for Its New Promotions and Accommodations Focused Reviews

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that 2,250 supply and service contractor establishments would be scheduled for compliance reviews. OFCCP has identified 1,000 of these reviews as promotions and accommodations focused reviews (i.e., 500 promotions focused reviews and 500 accommodations focused reviews).

No Rest for the Weary—Government Contractors’ EEO-1 Deadline Delayed Due to COVID-19, but VETS-4212 Filings Still on Schedule

While the U.S. Equal Employment Opportunity Commission (EEOC) postponed the 2019 EEO-1 filing deadline due to the COVID-19 pandemic, the Veterans’ Employment and Training Service (VETS), which is in charge of the VETS-4212 filings, has taken no such action—which means that government contractors may want to begin preparing promptly for the September 30, 2020, filing deadline.

Is Your Organization Exempted From OFCCP Jurisdiction Under the VA MISSION Act?

The U.S. Department of Veterans Affairs (VA) Maintaining Internal Systems and Strengthening Integrated Outside Networks (MISSION) Act of 2018’s primary objectives are to provide veterans with greater access to health care in VA facilities and communities, to expand benefits for caregivers, and to improve the VA’s ability to retain and recruit the best medical providers.

EEOC to Fund Study of Employee Pay and Hours-Worked Data for 2017 and 2018

On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had unanimously voted to fund a statistical study of the EEO-1 Component 2 data collected for 2017 and 2018. This additional EEO-1 data collection ordered by a federal district judge required employers to file reports showing employee pay and hours-worked information for 2017 and 2018.

EEOC Delays 2019 EEO-1 Filings and Ends Pay Data Collection—But What About the VETS-4212?

The Equal Employment Opportunity Commission (EEOC) recently announced a pair of major changes to the EEO-1 filing process. The most recent was on May 7, 2020, when the EEOC announced that due to the COVID-19 pandemic it was filing a notice in the Federal Register delaying collection of the 2019 EEO-1 report this year and requesting approval to collect both 2019 and 2020 EEO-1 data beginning in the first quarter of 2021.

OFCCP Lowers VEVRAA Hiring Benchmark for the Sixth Consecutive Year

The Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) hiring benchmark for 2020. Effective March 31, 2020, the hiring benchmark will be 5.7 percent, down from 5.9 percent in 2019—marking the sixth reduction of the benchmark since its inception in 2014.

EEOC Posts Notice That EEO-1 Pay Data Collection Is Back

On April 29, 2019, the Equal Employment Opportunity Commission (EEOC) published a notice that the EEO-1 pay data collection is being reinstated immediately. According to the EEOC’s website, employers covered by EEO-1 reporting requirements must submit 2018 Component 2 EEO-1 (pay and hours worked) data for their workforces by September 30, 2019.

Making Binary Gender Choices in an Increasingly Non-Binary World as EEO-1 Season Approaches

Government contractors are entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees. Contractors face an employment marketplace that is dealing with gender in new ways while dealing with federal government reporting requirements built on traditional gender models.

The EEO-1 Aftermath: The Filing Extension and Employers’ Common Mistakes

The filing deadline for employers to submit their 2017 EEO-1 reports was June 1, 2018—moved back from the original deadline of March 31, 2018. Employers may have used that extra time to double-check data and ensure they avoided common filing errors. This article answers some frequently asked questions about the filing extension and explores common EEO-1 mistakes.

An EEO-1 Report FAQ: Meeting the Deadline and Avoiding an OFCCP April Fools’ Day

The EEO-1 form allows the Equal Employment Opportunity Commission to collect data from all employers with more than 100 employees, as well as government contractors and subcontractors, on the race, ethnicity, and gender of their workforces, organized by occupational category. Compiling, reporting, and filing EEO-1 reports can be a confusing and lengthy process.

The 2017 EEO-1 Survey is Now Open

The 2017 EEO-1 survey is now open for 2017 filings, which affected employers must complete by March 31, 2018. To access the survey and begin the filing process, click on the login button on the U.S. Equal Employment Opportunity Commission’s website. As a reminder, the Office of Management and Budget stayed the pay data collection requirement for the 2017 EEO-1 report in late August 2017.