Federal EEO-1 Pay Data Reporting Gets Pushed to April 2021, But California Pay Data Reporting is Due March 31, 2021

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Federal EEO-1 Reports

Employers who are required to file Employer Information Reports (an “EEO-1 Report”) should prepare to submit their 2019 and 2020 data in April 2021.  Due to COVID-19, EEO-1 reporting for 2019 was delayed until the same deadline as 2020.  The EEOC has not released a specific date when collection will open, but simply states that it is scheduled to open this April.

Who is Required to File EEO-1 Reports?

All private employers with 100 or more employees, all federal contractors and first-tier subcontractors with 50 or more employees.

What Must Be Reported?

Component 1 data, which relates to job categories sorted by race, ethnicity and gender. 

California Pay Data Reporting Is Still Due March 31, 2021

A 2020 California law (SB 973) now requires private employers who (a) have 100 or more employees and (b) are required under federal law to file an annual EEO-1 Reports to submit an annual pay data report to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021, of this year, and annually thereafter.

Submission Requirements

The submission needs to include the number of employees by race, ethnicity and sex in each of the 10 EEO-1 job categories (listed below) and within each of the “pay bands” used by the U.S. Bureau of Labor Statistics Occupational Employment Statistics classifications (even though California has a higher minimum wage).

EEO-1 Job Categories

  • Executive or senior-level officials and managers;
  • First or mid-level officials and managers;
  • Professionals;
  • Technicians;
  • Sales workers;
  • Administrative support workers;
  • Craft workers;
  • Operatives;
  • Laborers and helpers; and
  • Service workers.

Pay Bands

  • $19,239 and under
  • $19,240 – $24,439
  • $24,440 – $30,679
  • $30,680 – $38,999
  • $39,000 – $49,919
  • $49,920 – $62,919
  • $62,920 – $80,079
  • $80,080 – $101,919
  • $101,920 – $128,959
  • $128,960 – $163,799
  • $163,800 – $207,999
  • $208,000 and over

The DFEH has released detailed guidance and resources to assist employers, including a User Guide, a template report in the form of an Excel spreadsheet (which helpfully shows all the required information that must be submitted), and FAQs. These resources are available at https://www.dfeh.ca.gov/paydatareporting/.

As covered by the FAQs, employers with multiple establishments must file multiple reports for each location, as well as a consolidated report. In determining whether an employer meets the 100 employee threshold, employers must count non-California employees, temporary employees, and by looking at the number of employees during the “snapshot” period (and not just looking at whether they regularly employ 100 or more employees during the year).

Covered employers may exclude out-of-state employees from the information that is submitted. The DFEH states that only those employees “assigned to California establishments” must be included in the report. Particularly relevant because of COVID-19, this includes employees who are teleworking, but “assigned to” a California establishment. Employees teleworking in California but assigned to establishments in other states must be reported in an establishment report which covers only “those employees teleworking from California and who are assigned to a single establishment outside of California or all employees assigned to that establishment outside of California.”

Unlike the federal EEO-1 reports, which ask employers to report employees’ gender as either male or female, California intends to have employers report females, males, and non-binary employees separately. 

The DFEH’s Pay Reporting Portal is scheduled to open on February 16, 2021.

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.

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