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July 10, 2020

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July 09, 2020

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EEOC Announces Decision to Collect 2017 Employee Pay Data, in Addition to 2018 Pay Data, by September 30, 2019

In connection with last month’s ruling from a Washington, D.C. district court reinstating the U.S. Equal Employment Opportunity Commission’s (“EEOC”) collection of employer pay data previously stayed by the Office of Management and Budget (“OMB”) (Component 2 of the revised EEO-1 form), as previously reported here, the EEOC announced on May 2, 2019 that it has opted to collect Component 2 data for 2017 in addition to 2018. On April 25, 2019, the district court ordered the EEOC to collect a second year of pay data from select employers, giving the EEOC until May 3, 2019 to advise whether it would collect 2017 or 2019 data.

Employers have until September 30, 2019 to report 2017 and 2018 W-2 wage data and hours worked for employees within 12 specified pay bands. The EEOC has announced that it expects to begin accepting data submissions in mid-July, to facilitate compliance with the court-mandated deadline.

In the meantime, employers must still submit Component 1 demographic data on race, gender and ethnicity by May 31, 2019.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume IX, Number 126

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About this Author

Melanie Hamilton, Attorney,
Associate

Ms. Hamilton is an associate in the Labor and Employment Group in the firm's Orange County office.

Areas of Practice

Ms. Hamilton specializes in labor and employment matters on behalf of employers, including wage and hour violations, employment discrimination, wrongful termination in violation of public policy, and sexual harassment.

213-617-5506
Jonathan Stoler, Labor, Employment Attorney, Sheppard Mullin, law firm
Partner

Jonathan Stoler is a partner in the firm's Labor and Employment practice group.  He is the head of the firm’s labor and employment practice in New York and co-chairs the firm's National Non-Competition and Trade Secrets Team.

Mr. Stoler's practice encompasses a wide range of labor and employment matters, including the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, non-competition, whistleblower, sexual harassment and related claims.  He regularly represents clients in labor and employment litigations in federal and state courts, in arbitrations before the American Arbitration Association and the Financial Industry Regulatory Authority, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and state agencies throughout the United States.  Mr. Stoler also represents clients in collective bargaining negotiations, labor arbitrations and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board.  

212-634-3043