Court Orders Employers to Submit Pay Data by September 30, 2019

25 April 2019 Labor & Employment Law Perspectives Blog
Author(s): Katelynn M. Williams

Earlier this month, we reported that the Equal Employment Opportunity Commission (EEOC) proposed a September 30, 2019, deadline for employers subject to EEO-1 reporting requirements to file detailed pay data. Today, the U.S. District Court for the District of Columbia made that deadline official: the “Component 2” portion of the EEO-1 form is due September 30, 2019. Component 2 data covers employee compensation and hours worked, broken down by job category, pay band, race, ethnicity, and gender. The EEOC will be collecting this data for calendar year 2018. In addition, the EEOC must collect a second year of pay data—either 2017 or 2019—and must tell the court by May 3, 2019, which option it elects. We will keep you apprised of that and all further developments.

In the meantime, employers should: (a) work with payroll and HR teams to begin collecting and preparing 2018 Component 2 data for filing by September 30, 2019; and (b) continue to prepare the traditionally required race, ethnicity, and gender information (“Component 1” of the EEO-1 Form) for filing by the May 31, 2019, deadline.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services