Employment Defense: Closing the Pay Gap One Government Regulation at a Time

Lewitt Hackman

Lewitt Hackman

The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in which persons of different sex, race, and ethnicity earn different wages for the same work. The Equal Employment Opportunity Commission (“EEOC”) recently announced the revival of this Obama-era requirement that adds payroll data to the Employer Information Report (“EEO-1”). The EEOC will then use this information to support the agency’s civil rights enforcement.

While the Trump administration’s Office of Management and Budget (“OMB”) suspended the pay data reporting requirement in August 2017, the stay was challenged in federal district court. In National Women’s Law Center, et al. v. Office of Management and Budget, et al., a federal judge lifted the stay concluding that the OMB’s action was illegal. The federal government has since filed a Notice of Appeal seeking to reverse the order, but this does not currently alter the filing obligations.

Not only must employers take action to comply with the federal district’s court order, but as the EEOC recently announced on the agency’s website, filers must also provide payroll data for both calendar years 2017 and 2018. Covered employers, those businesses with at least 100 employees (a lower threshold for federal contractors), are required to disclose their payroll data information by the September 30, 2019 filing deadline.

Read: Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 201

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lewitt Hackman | Attorney Advertising

Written by:

Lewitt Hackman

Lewitt Hackman on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.