Posted on February 5, 2016

Large Employers May Soon Have to Report Pay Data

Federal Law Alert

Late last week, the Equal Employment Opportunity Commission (EEOC) announced a proposed change to the annual Employer Information Report, or EEO-1, which would require that employers with more than 100 employees report pay data in addition to the information they currently provide on race, ethnicity, sex, and job category. The proposed rule was published in the Federal Register on February 1. The comment period is now open, and will close on April 1, 2016.

If the proposed revision is adopted, private employers and federal contractors with over 100 employees would be required to submit data on employees’ W-2 earnings and hours worked. Federal contractors with 50-99 employees would continue to report on race, ethnicity, and sex by job category, but would not report earnings data; private employers with fewer than 100 employees would continue to be exempt from EEO-1 reporting.

If implemented, employers would be required to submit pay data as of the September 30, 2017 EEO-1 filing deadline. We will keep you updated on any developments as we learn of them.

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