Less than two weeks ago we reported that all employers with 100 or more workers in the US would have until September 30 to provide the EEOC with pay data (read more here).

Then, just days later, on May 3rd, the Justice Department appealed the two rulings resurrecting the Obama-era mandate. Ironically, the appeal came just one day after EEOC Acting Chair Victoria Lipnic declared that the agency was “committed to meeting the court’s order, working with employers, and making this happen by the end of September.”

Despite the appeal, in a court filing and on its website, the EEOC insists employers should still prepare to submit their 2017 and 2018 pay data to the EEOC by September 30. Accordingly, we continue to recommend, per our earlier alert, that employers prepare their revised EEO-1 form to meet the September deadline.