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.

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.

OFCCP Issues Three New Directives Aimed at Enhancing Accountability and Efficiency

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.”

OMB Decides to Review and Stay EEO-1 Pay Data Collection

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.”

I Think My Company Is a Federal Contractor and Has Regulatory Obligations—But Where Can I Look to Search for That Information?

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.

Revised Pay Transparency Provisions Now Available

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.