As we previously reported here, on April 3, 2019, the White House Office of Management and Budget (“OMB”) filed a brief with the U.S. District Court for the District of Columbia proposing a September 30, 2019 deadline for the EEOC to complete collection of the required 2018 EEO-1 pay data forms. The brief was filed in response to a March 4, 2019 court order lifting a 2017 stay of pay data collection, which had been implemented to allow for further review of the burdens associated with pay data collection.
On April 25, 2019, in a ruling from the bench, a federal judge approved the September 30, 2019 deadline. This means that employers with 100 or more employees (and federal contractors with 50 or more employees) will be required to report their employees’ 2018 W-2 compensation information and hours worked by September 30, 2019. The goal of the collection is to reduce pay gaps based on sex, race, and ethnicity. Remember, the deadline to submit all other EEO-1 data, such as race and gender information, remains May 31, 2019.