California Labor &
Employment Law Blog
Feb 1, 2016

Revised EEO-1 Report Would Require Employers To Submit Employee W-2 Earnings And Hours Worked

Topics: New Laws & Legislation

On Friday, the EEOC made a startling announcement regarding proposed revisions to the scope of information requested by the annual EEO-1 report. To further the pay equality goals of the Lilly Ledbetter Fair Pay Act, the EEOC wants to add aggregate data on pay ranges -- including employees' W-2s and hours worked -- to the information already collected through the EEO-1 report, beginning with the September 2017 report. Currently, the EEO-1 report requires employers with 100 or more employees to submit certain company data categorized by race/ethnicity, gender, and job category.  

According to the EEOC press release, pay data will assist the EEOC and the Office of Federal Contract Compliance Programs (OFCCP) "in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces" and will provide "insight into pay disparities across industries and occupations and strengthen federal efforts to combat discrimination." The agencies plan to "use this pay data to assess complaints of discrimination, focus agency investigations, and identify existing pay disparities that may warrant further examination."

While the basis of the revision is to address the gender pay gap (which explains the date of the announcement coinciding with the seventh anniversary of Ledbetter Act), the proposed changes will still require employers to submit pay data categorized by not only gender, but also by race/ethnicity.

Proposed changes are available for review on the Federal Register website and will be published in the Federal Register on February 1, 2016. The public will have 60 days from that date (April 1, 2016) to submit comments regarding the proposed revisions.

We will continue to keep employers posted about this significant development.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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