BREAKING: EEO-1 Pay Reporting Requirements Suspended Immediately

On August 29, 2017, Victoria Lipnic, the Acting Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”), announced that the Office of Management and Budget’s (“OMB”) Office of Information and Regulatory Affairs has issued an immediate stay of the new EEO-1 pay reporting requirements, which were scheduled to be due in March 2018 for employers with 100 or more employees.

According to the OMB, the stay is based, in part, because the OMB “believe[s] that continued collection of this information is contrary to the standards of the [Paperwork Reduction Act]. Among other things, OMB is concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.”

For employers, the OMB’s stay means that – unless otherwise announced – the current EEO-1 form will remain in effect, but there will be no change to the 2017 EEO-1 report filing deadline of March 31, 2018. In addition, this means that the incredibly burdensome requirements being imposed by the new form will not be going into effect – at least not at this point in time.

If you have any questions about the EEO-1 pay reporting suspension or your company’s obligations with respect to the EEO-1 reports, please contact a member of Mirick O’Connell’s Labor and Employment Group.

About Amanda Marie Baer

Amanda Marie Baer is an associate in the firm's Labor, Employment and Employee Benefits Group and Litigation Group.  Amanda focuses her practice on representing employers in federal and state courts and before the Massachusetts Commission Against Discrimination, defending against claims concerning discrimination, harassment, retaliation, wrongful termination, accommodations, and wage and hour laws.  Amanda also has experience in conducting workplace investigations into allegations of discrimination or harassment, enforcing and defending employment, noncompetition/nonsolicitation, and severance agreements and representing businesses in contractual, fraud, and general business litigation matters.
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