Legislative Updates

legislative updates

Legislative Updates

Here you will find updates from the latest legislation affecting Human Resources.

March 19, 2019

EEO-1 Surveys – Pay-Data Reporting Requirement

On March, 18, 2019, the EEO-1 filing portal opened.  The Equal Employment Opportunity Commission’s (EEOC) deadline for collecting annual workforce surveys is now May 31, 2019.  https://www.eeoc.gov/employers/eeo1survey/

Employers with 100 or more employees and covered federal contractors with 50 or more employees are required to report workforce data by race, sex and ethnicity across 10 job categories in their annual EEO-1 submissions to the EEOC.  In 2016, the White House’s Office of Management and Budget (OMB) approved expanded pay data collection on the EEO-1 report.  However, in 2017, the revised version of the EEO-1 Report with the pay-data collection provisions was blocked from going into effect and suspended by the OMB.

UPDATE:  A March 4, 2019 decision in National Women’s Law Center v. Office of Management and Budget put compensation reporting back in play on the EEO-1.  And on March 19, 2019, a federal district court recently ruled that the EEOC and the OMB have until April 3rd to notify companies if covered employers will be required to report pay-data information by race, ethnicity and sex.  If covered employers are required to report the pay-data, the EEOC could push back the May 31st deadline to allow employers more time to collect the information.  It is recommended that covered employers ensure that they can produce the pay data that they could be required to report.

March 7, 2019

The US Department of Labor has proposed an increase in the salary-level threshold for white-collar exemptions to $35,308 per year from $23,660.  The proposed rule makes no changes to the duties test for executive, administrative, and professional employees.  If it goes into effect, the new threshold would take effect January 1, 2020.  Proposed rule is available here.