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EEO-1 Component 2 (Pay Data) Reporting Reminder

As if you could forget, we’re now less than two months from the court-mandated September 30, 2019, deadline to submit EEO-1 Component 2 data to the EEOC. Every employer with at least 100 total employees (across all locations) must submit a count of employees broken down by establishment, gender/race-ethnicity combination, EEO job category, and pay band, as well as the total number of hours worked for all employees in each one of those unique combinations. That’s more than 3,500 data points per establishment!

Here are a few reminders for you as you collect and prepare your information for filing:
  • You must select an employee snapshot from one pay period from October through December of each year (2017 and 2018); it does not have to be the same period you used for EEO-1 Component 1 reporting (which you previously filed).
  • You must count all full and part-time employees on your payroll for that period; you do not count “leased” employees (such as temp agency employees) or temporary or seasonal employees.
  • You must group employees by pay band based on their final, W-2 Box 1 wages for each calendar year. Do not prorate or otherwise adjust these amounts.
  • For non-exempt workers, you must count actual hours worked, which (under the FLSA regulations, which are used to count hours for this reporting) does not include, for example, paid time off, vacation, or holiday hours.
  • For exempt workers, you may report actual hours worked (if you tracked them in 2017 and 2018) or you may use a 40-hours-per-week-worked proxy for full-time employees and a 20-hours-per-week-worked proxy for part-time employees.
  • You must count hours worked for pay periods during the calendar year. So, for example, hours worked in December 2017 that were paid out in January 2018 would be reported in 2018, not 2017.
The reporting portal is already open for employers who wish to enter their data manually. The EEOC has published the data upload specifications (which are very different from the EEO-1 Component 1 upload specifications) for employers who wish to upload their data—a particularly useful approach for multi-establishment companies. We anticipate that the reporting portal will open for upload submissions within the next two weeks.
If you have questions about the data collection or reporting requirements, now is a great time to reach out to your counsel for direction and assistance. If you are interested, we have developed an internal tool that will take your raw list of employees and employee data and convert it into the appropriate format for the Component 2 upload. This service is available at a flat-fee rate, depending on the total number of establishments. Please contact me for more information about this service at cmcclellan@foulston.com or 316.291.9764.



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Don Berner, the Labor Law, OSHA, & Immigration Law Guy
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Boyd Byers, the General Employment Law Guy
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Jason Lacey, the Employee Benefits Guy
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