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UPDATE: EEO-1 Pay Data Collection Is Back (x 2) UPDATE: EEO-1 Pay Data Collection Is Back (x 2)

UPDATE: EEO-1 Pay Data Collection Is Back (x 2)

We previously advised readers that the EEO-1 pay data collection requirements may be back. Since our last article, the deadline for the EEOC to collect the pay data—September 30, 2019— has been approved by the Court. As an added "bonus," unless there are successful legal challenges, not only will employees with 100 or more employees need to provide the pay data for 2018, they will also need to provide the 2017 pay data at the same time. You can read the notice from the EEOC about collecting the 2017 data here. If you did not do so already, now is the time to prepare to submit the data. On its website, the EEOC suggests that it will open the window to submit the data beginning in mid-July. As suggested previously, employers may also want to audit their pay practices, preferably with the assistance of counsel, to determine if there are pay gaps that are not easily explained. 
REMEMBER, this development does not change the general deadline to file the EEO-1 for 2018. Currently, employers required to file EEO-1 reports are still required to file 2018 Component 1 (demographic data) on or before May 31, 2019 and can do so via the EEOC’s “EEO-1 Portal” at The EEOC has stated the longest extension that will be provided is two weeks.
For more information regarding EEO-1 reporting or for assistance in conducting a pay practices audit, contact Tami Earnhart, Maureen Maffei or any other member of our Labor, Employment and Immigration Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
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