The Employer's Legal Resource: EEOC Updates EEO-1 Reporting Requirements and Deadline
As many of you are aware, private employers with more than 100 employees (and certain federal contractors with at least 50 employees) are required to submit an annual EEO-1 report to the EEOC, which contains data about the employer's workforce by race, ethnicity, sex, and job category. The EEOC recently revised these reporting requirements, adding aggregate data on pay ranges and hours worked to the information each employer must include in its annual report. Additionally, the EEOC adjusted the filing deadline for annual surveys; employers' 2017 EEO-1 reports are not due until March 31, 2018. This date change attempts to simplify employer reporting by allowing employers to use existing W-2 pay records for each calendar year.
Employers must now report employee compensation data for each of the ten EEO-1 job categories (which have not changed) and by each of twelve designated pay bands. Reporting of individual salaries for each employee is not required. Employers must look to employees' W-2 income for the applicable calendar year to determine the appropriate pay range for each employee. Employers must then count the number of employees they have in each pay band for each job category (leaving the cell blank if there are no employees in a particular job category or pay band). After tallying the number of employees in each pay band by job category, employers will enter this data in the appropriate columns of the EEO-1 report based on the sex and ethnicity or race of employees.
Employers are also now required to tally and report the number of hours worked that year by all employees accounted for in each pay band. Employers should consult their current system of recordkeeping to identify the number of hours worked for non-exempt employees. For exempt employees, employers have the option to either (a) report a default 20 hours per week for each part-time employee and 40 hours per week for each full-time employee, or (b) report actual number of hours worked by full- and part-time exempt employees.
The updated EEO-1 form (and other information for employers) is available on the EEOC's website here.
By Rebecca D. Stanglein, RStanglein@dsda.com