September 30th deadline to provide pay data to EEOC will cover both 2017 and 2018 pay data

As we previously reported in our articles Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019 and New EEOC pay data deadline: September 30, 2019, following an April 25, 2019 federal court ruling, employers with 100 or more employees should begin to prepare to report pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30, 2019.

As discussed in our prior article, the recent federal court ruling mandated employer reporting of 2018 pay data by September 30, 2019, but gave the EEOC the option of either collecting retrospective 2017 pay data by September 30, 2019, or collecting 2019 pay data during the normal 2020 EEO-1 reporting period.  In today’s Federal Register, the EEOC formally announced its decision to collect Component 2 pay data for calendar year 2017, in addition to calendar year 2018, by September 30, 2019.

While there is a possibility that an appeals court could stay this reporting requirement before then, covered employers should operate under the assumption that they will need to meet this September 30, 2019 deadline.  Employers should refer to our prior article for detailed suggestions on preparations that employers should take in light of this development, and should now focus on reviewing their 2017 pay data as well as their 2018 pay data.

Please contact us with any questions.  Our employment team at Norton Rose Fulbright would be happy to assist your company with these new pay data reporting requirements.

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