Time Is Running Out To File Revised EEO-1 Forms, But Some Good News For The Future

Author:Ms Amy Wilkes
Profession:Burr & Forman LLP

In 2016, the EEOC revised its EEO-1 form that collects pay data from employers with 100 or more employees. The previous version of the EEO-1 form required employers to report the number of employees across ten job categories according to race, ethnicity, and sex. The revised form requires employers to submit aggregate W-2 earnings and hours worked in twelve pay bands for each of the ten job categories. Employers, including federal contractors, are required to submit this "Component 2" compensation date for 2017 and 2018 if they have 100 or more employees during the "workforce snapshot" period for that year. The deadline to submit Component 2 data is September 30, 2019.

With the reporting deadline looming, employers need to be aware of the following key points:

The EEOC defines the "workforce snapshot" period as "an employer-selected pay period between October 1 and December 31 of the reporting year." Employers are not required to select the same pay period for 2017 and 2018, and the only employees whose compensation and hours-worked data must be reported are those full- and part-time employees who were on the employer's payroll during the workforce snapshot period. Employers must report aggregate W-2 earnings, including the total number of employees who fall into each compensation band by job category, for each of the EEO-1's ten job categories. Employers must report W-2 earnings for all employees employed during the employer's selected "workforce snapshot" period, regardless of whether the employee worked for the entire year. Employers should not calculate and then report the annualized earnings for employees who did not work the full calendar year, and should still report only the W-2 earnings for those employees. Employers must report total hours worked during the year for all employees by race, ethnicity, and sex within the twelve pay bands. The reported hours worked should show actual hours worked by nonexempt employees, and for exempt employees either the actual hours worked or an estimated 20 hours per week for part-time exempt employees and 40 hours per week for full-time exempt employees. Employers must provide Component 2 date for all of its establishments, including those with less than 100 employees. For employers who have recently completed a merger or acquisition, the acquiring company is responsible for submitting Component...

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