The Equal Employment Opportunity Commission (EEOC) announced on September 11, 2019 that it will not be seeking renewal for collection of EEO-1 Component 2 pay data, which requires employers with 100 or more employees to submit employee pay data on the new EEO-1 on an annual basis. Moving forward, the EEOC stated it would seek authorization for continued collection of only the EEO-1 Component 1 data, with 2019 data submissions due in March 2020. This welcome reprieve will be in place for filings in 2019, 2020, and 2021. The EEOC will be accepting public comments on its pay data collection rule up through November 12, 2019.

According to the notice released by the EEOC, “At this time, the unproven utility to its enforcement program of the pay data as defined in the 2016 Component 2 is far outweighed by the burden imposed on employers that must comply with the reporting obligation.”  While this is great news for future years, please note that if you’re one of the nearly 90,000 EEO-1 employers subject to filing, the submission of 2017 and 2018 EEO-1 Component 2 data still carries a quickly approaching September 30th deadline.

In addition to the web-based portal for the collection of pay and hours worked data for calendar years 2017 and 2018 which opened on July 15, 2019, a data file upload function and validation process is also open as an alternative data collection method for employers who prefer to utilize data file upload capability. Information regarding the data file upload function is available here. If you have any questions about your compliant and upcoming timely submission of the Component 2 pay data, contact any of the attorneys in the McNees Labor and Employment Group.