October 27, 2021

Volume XI, Number 300

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Important EEO-1 and I-9 Updates

Pay Data Requirement for EEO-1 Form Stayed

Earlier this week, the U.S. Office of Management and Budget (OMB) initiated an immediate stay of the Equal Employment Opportunity Commission’s revamped Employer Information Report, or EEO-1. As discussed here, an expanded EEO-1 was issued in September 2016, and required employers to submit information on employee pay and hours by job category, in addition to demographic information. The new EEO-1 requirement was to take effect beginning with the next EEO-1 date of March 31, 2018 (changed from previous September 30 submission deadlines.)

The OMB is halting implementation of the expanded EEO-1 reporting to determine whether the EEOC’s estimates of the burden imposed by the new requirements were adequate, and due to concerns that some aspects of data collection lacked “practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” The OMB memorandum directs the EEOC to submit a new information collection package for review, and post a notice in the Federal Register announcing this stay and confirming that employers can use the previous EEO-1 form for their 2017 EEO-1 report.

Thus, while the new submission date of March 31, 2018, remains in effect for submission of the EEO-1, employers should plan to file the previously approved EEO-1 form which does not call for collection of pay and hours data.

Revised I-9 Form Required By September 18, 2017

Effective September 18, 2017, employers must use the revised Form I-9, Employment Eligibility Verification that was issued by U.S. Citizen and Immigration Services on July 17. The new form bears an expiration date of August 31, 2019, and makes revisions to “List C” of acceptable documents, adding Form FS-240 (Consular Report of Birth Abroad) to the list and reorganizing the appearance of the list. The U.S. Citizenship and Immigration Services (USCIS) updated its handbook for employers to reference these and other changes. Employers can use this revised version or the current version (dated November 14, 2016) through September 17.

© 2021 Schiff Hardin LLPNational Law Review, Volume VII, Number 244
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About this Author

Schiff Hardin represents management in labor matters and employment-related litigation, and provides counsel to employers with respect to all legal aspects of employer-employee relations. Our firm's labor law practice encompasses both the private sector and the public sector for large and small employers in a broad range of markets and industries. Our Labor and Employment Group works cooperatively with attorneys in our Employee Benefits and Executive Compensation Group to provide our clients with comprehensive assistance in every aspect of the employer-employee relationship.

312-258-5544
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