September 30th deadline to provide pay data to EEOC will cover both 2017 and 2018 pay data

As we previously reported in our articles Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019 and New EEOC pay data deadline: September 30, 2019, following an April 25, 2019 federal court ruling, employers with 100 or more employees should begin to prepare to report pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30, 2019.

As discussed in our prior article, the recent federal court ruling mandated employer reporting of 2018 pay data by September 30, 2019, but gave the EEOC the option of either collecting retrospective 2017 pay data by September 30, 2019, or collecting 2019 pay data during the normal 2020 EEO-1 reporting period.  In today’s Federal Register, the EEOC formally announced its decision to collect Component 2 pay data for calendar year 2017, in addition to calendar year 2018, by September 30, 2019.

While there is a possibility that an appeals court could stay this reporting requirement before then, covered employers should operate under the assumption that they will need to meet this September 30, 2019 deadline.  Employers should refer to our prior article for detailed suggestions on preparations that employers should take in light of this development, and should now focus on reviewing their 2017 pay data as well as their 2018 pay data.

Please contact us with any questions.  Our employment team at Norton Rose Fulbright would be happy to assist your company with these new pay data reporting requirements.

Photo of Mario Barrera (US) Mario Barrera (US)

Mario Barrera has over 25 years’ experience handling first chair cases and trying those cases to verdict.

As a labor and employment partner in Norton Rose Fulbright’s San Antonio office, Mario has been involved in individual and class/collective actions.

James Hughes

James Hughes joined the Austin office in November 2013 as an associate in the employment and labor group.

Prior to joining Norton Rose Fulbright, James served two judicial clerkships at both the trial and appellate levels. From 2011–2013, he was a federal judicial…

James Hughes joined the Austin office in November 2013 as an associate in the employment and labor group.

Prior to joining Norton Rose Fulbright, James served two judicial clerkships at both the trial and appellate levels. From 2011–2013, he was a federal judicial clerk for Judge Sam Sparks of the US District Court, Western District of Texas.

From 2010–2011, he served as a judicial clerk for Justice Eva M. Guzman of the Texas Supreme Court. During both clerkships, James worked on numerous cases involving both federal and state employment law. These included various federal cases under Title VII, the ADA, the ADEA, the FLSA, and the FMLA.

He also has familiarity with cases involving state law, such as non-compete agreements and employment contracts.

Finally, James has extensive experience with federal motions practice and federal employment trials.