As we explained last week, a federal judge recently ruled that all employers who are required to submit EEO-1 surveys must report 2018 employee pay data by Sept. 30, 2019. In that ruling, the court also ordered the EEOC to collect a second year of pay data and gave the agency a choice between collecting employers’ 2017 data with the 2018 pay data or waiting to collect 2019 pay data next year.

The EEOC announced May 1 that employers will be required to submit 2017 and 2018 pay data this year. The agency said it will make the collection portal available by mid-July and will provide information and training prior to that date.

Employers should not wait to start compiling the requisite data as it is expected to be quite time-consuming, especially given employers must now report the data for 2017 and 2018. As we previously explained, under the new reporting requirements, the employer must report earnings and hours data aggregated according to the EEO-1 job categories to which the employees are assigned for all full- and part-time employees employed during a payroll period between Oct. 1 and Dec. 31 (the employer can pick the period). For each EEO-1 job category, the employer must indicate the number of employees falling within each of the 12 pay bands by sex and race/ethnicity. Employers are required to use W-2 “Box 1” earnings to determine the pay band into which each employee falls. Additionally, for each EEO-1 job category, the employer must aggregate hours data for all employees in the pay band by sex and race/ethnicity. Hours worked for non-exempt employees will be calculated by using their FLSA recorded hours. For full-time exempt employees, hours will be calculated by multiplying 40 hours by the number of weeks they worked in the applicable year. For part-time exempt employees, hours will be calculated by multiplying 20 hours by the number of weeks they worked in the applicable year.