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.
Under the president’s new budget, certain federal contractors would not be required to submit a VETS-4212 report in the year following receipt of a HIRE Vets Medallion Award.
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Upload File Specifications for the 2017 and 2018 EEO-1 Component 2 reports. Given the number of data items required in the Component 2 reporting, the EEOC has designed a narrower file layout with the goal of making it easier for filers to create upload files.
On July 1, 2019, the Equal Employment Opportunity Commission (EEOC) updated the Component 2 filing site with answers to frequently asked questions (FAQs) and other materials to assist filers with the submission of Component 2 data. Here are a few highlights from the new materials.
As we previously reported, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ordered the Equal Employment Opportunity Commission (EEOC) to collect two years of EEO-1 Component 2 pay data including 2018 and pay data from either 2017 or 2019.
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.
On April 25, 2019, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ruled that employers covered by EEO-1 reporting requirements must submit 2018 pay data for their workforces by September 30, 2019.
As a follow-up to our April 4, 2019, article, we wanted to provide you with the latest update on the status of the pay data requirement for 2018-EEO-1 reports.
On April 3, 2019, the Equal Employment Opportunity Commission (EEOC) submitted a memorandum to the judge in National Women’s Law Center, et al. v. Office of Management Budget, et al., who had requested that the EEOC inform the court of the agency’s plans to collect pay data in the EEO-1 report.
The 2018 EEO-1 Survey Site officially opened on Monday, March 18, 2019. While there was some confusion about this year’s filing requirement due to the recent court decision reinstating the pay data component, the current filing format is the same as last year, with no pay data required.
On February 13, 2019, the Office of Federal Contract Compliance Programs (OFCCP) released a new policy directive, “to establish a voluntary compliance program for high-performing federal contractors.”
As we previously reported, the Equal Employment Opportunity Commission (EEOC) was one of the federal agencies affected by the partial federal government shutdown.
On November 30, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced it was rolling out three directives to “reinforce OFCCP’s commitment to fulfilling its enforcement mission with more accountability and efficiency, as well as the Department’s efforts to maximize the effectiveness of compliance assistance outreach to assist contractors in meeting their responsibilities.”
Similar to its September 17, 2018, National Interest Exemption (NIE) for certain contractors providing Hurricane Florence Relief, on October 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a another NIE for new contracts specifically to provide Hurricane Michael relief.
The U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 Joint Reporting Committee has now extended the deadline for filing the 2017 reports to June 1, 2018.
The 2017 EEO-1 report must be filed by March 31, 2018. An often overlooked resource for companies that are required to file EEO-1 reports is the EEO-1 Instruction Booklet.
Under 41 C.F.R. §§ 60-217(c); 60-300.44(f); and 60-741.44(f), federal contractors must document outreach and recruitment efforts for qualified minorities, females, and individuals with disabilities, as well as protected veterans (if the contractor is subject to veteran regulations).
The U.S. Department of Labor (DOL) recently announced that federal contractors will not be cited for filing their VETS-4212 reports late—as long as they are filed by November 15, 2017.
On August 29, 2017, Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic announced that the administrator of the Office of Information and Regulatory Affairs (OIRA) had sent her a memo indicating that the Office of Management and Budget (OMB) “is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016.”
On July 24, 2017, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) sent a letter clarifying the data collection and reporting periods for the VETS-4212 and EEO-1 reports. The letter explains that contractors may use the same data collection period for the reports, but they must be filed during separate time periods.
Doing business with the United States federal government can be very lucrative, but it comes with a price. That price arrives in the form of reporting obligations, recordkeeping, outreach, and much more. Failure to comply with all applicable regulatory requirements can also have steep consequences, so it is very important for federal contractors to ensure they are doing all that is required.
The Office of Federal Contract Compliance Programs (OFCCP) recently updated the pay transparency provision that employers covered by Executive Order (EO) 11246, “Equal Employment Opportunity,” must post and include in their employee manuals and handbooks. The Pay Transparency Nondiscrimination Provision gives notice to applicants and employees that employers will not discriminate for inquiring about, discussing, or disclosing their pay or, under certain circumstances, the pay of other employees.