Last week, the Equal Employment Opportunity Commission (“EEOC”) informed a federal judge that it intends to require employers to turn over employees’ 2018 pay data by September 30, 2019. Pay data reporting, which the Office of Management and Budget put on hold in 2017, would supplement the current requirement that private employers with 100 or more employees and federal contractors with 50 or more employees report “Component 1” data (demographic data on ethnicity, race, and sex by job category) May 31 of each year.
Employers are obligated to submit Component 1 data by May 31, but whether and when employers would have to comply with the new reporting requirements – including workers’ W-2 earnings and hours worked – has been an open question. Though it is unclear whether this September 30, 2019 deadline will be implemented, it is likely that the EEOC will eventually require employers to report pay data on a regular basis. Therefore, if you would be subject to the reporting requirement, you should ensure that you will be able to comply, including being ready to produce the data by September 30, 2019.
We will report on any further developments in the EEOC’s reporting requirements when they occur.