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Everyone Loves a Good Deadline: Reporting Requirements for Early 2022

We hope your 2022 is off to a good start and you are all managing the COVID-19 pandemic challenges. For this post, we wanted to take a break from COVID-19-specific topics to remind you of some new year to dos. Specifically, EEO-1 and OSHA Injury and Illness Reporting data is due in the coming months, and now is a good time to check your state’s minimum wage laws and, if necessary, increase pay for employees to ensure compliance.

EEO-1 Reporting – Deadline: May 17, 2022

The Employment Information Report (EEO-1), which requires certain employers to report demographic workforce data to the EEOC, is open for only six weeks this year. The tentative opening for EEO-1 reporting is set for April 12, 2022, and all reports should be filed no later than May 17, 2022. You may access the filing portal here.

Who needs to report?

  • Private sector employers with 100 or more employees (this number is calculated based on employees across all establishments)

  • Certain federal contractors with 50 or more employees (click here for more information on federal contractor reporting)

A new development this year is the discontinuation of the Type 6 report for establishments with fewer than 50 employees.

So, which type of report should you use?

  • If you have a single establishment company with 100 or more employees, use the Type 1 Report.

  • Multi-establishment companies are required to report using Type 2 (Consolidated Report) and Type 3 (Headquarters Report) reports, plus either Type 4 (Establishment Report for establishment with 50 or more employees) or Type 8 (Establishment Report for establishment with fewer than 50 employees) reports. Note that you must submit either a Type 4 or Type 8 report for each establishment.

  • For more information on EEO-1 Report types, see the EEO-1 fact sheet linked here.

To keep up with announcements from the EEOC regarding EE0-1 reporting, click here.

OSHA Injury and Illness Reporting – Deadline: March 2, 2022

Each year OSHA requires covered employers to report injury and illness data via Form 300A. The data should be reported through the Injury Tracking Application (ITA) portal, which you can access here. The deadline is on or before March 2, 2022.

Who needs to report?

  • Covered employers are those with 250 or more employees.

    • Reporting requirements are based on the size of the establishment. Establishment is defined as “a single physical location where business is conducted or where services or industrial operations are performed.”

  • Employers within specific industries that have at least 20 employees must also report (that list can be found here).

  • You do not need to report if:

(1) Your establishment had 19 or fewer employees during the previous calendar year, regardless of your industry; or

(2) You are on this list, regardless of the size of your establishment.

Other Key Notes for Reporting

  • Only current owners need to report. If you acquired the establishment mid-year, you must submit data only for the portion of the year that you owned the establishment.

  • Even if you had no recordable injuries or illnesses, you need to report.

To access OSHA’s frequently asked questions for reporting, click here.

You May Need to Update Employee Pay – State Minimum Wage Laws

Minimum wage increase was a hot topic in 2021. While not every state increased pay and the federal minimum wage amount stayed at $7.25 per hour, now is a good time to make sure you are in compliance with your state’s (and any state where you have employees working) wage laws. Click here for the U.S. Department of Labor’s chart of pay requirements per state.

We hope you find these reminders helpful and wish you a productive and successful 2022. 

© 2022 Bradley Arant Boult Cummings LLPNational Law Review, Volume XII, Number 20

About this Author

Cortlin Bond Healthcare Litigation Lawyer Bradley Arant Boult Cummings LLP

Cortlin Bond is an associate in the Litigation Practice Group. She represents clients in a variety of general litigation matters and assists healthcare providers with legal issues that arise from the daily operation of healthcare facilities. In addition to handling healthcare and general litigation matters, Cortlin assists employers with a variety of labor and employment matters, including workplace investigations, the defense of federal employment claims, and the defense of employment claims predicated on state law tort and contract theories.

Prior to law school, Cortlin worked at...

Anne R. Yuengert Employment Attorney Bradley Birmingham

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators...