On September 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced revisions to its Employment Information Report (EEO-1). The modified reporting process, which now includes a requirement to identify summary pay data and hours worked, will apply to the 2017 EEO-1 version that employers must file on or before March 31, 2018.
- Private employers, including federal contractors and subcontractors with 100 or more employees, will submit summary pay data.
- Federal contractors and subcontractors with 50-99 employees will not submit summary pay data but will continue to report demographic data (sex and race or ethnicity) on the EEO-1 as they did before.
- Federal contractors and subcontractors with 49 or fewer employees, and companies without federal contracts with 99 or fewer employees, will not be required to complete the EEO-1 report.
New Data Snapshot Period
For reporting years 2016 and before, the “workforce snapshot period” was July 1 to September 30. Starting with the EEO-1 report of 2017 data, however, the “workforce snapshot period” will be October 1 to December 31, 2017. Each employer may choose any pay period during this three-month “workforce snapshot period” to count its full and part-time employees for the EEO-1 report.
In addition to sex, race or ethnicity, and job category information, the new report also requires:
- Summary pay information – Employers report the total number of full and part-time employees they had during the year in each of 12 pay bands listed for each EEO-1 job category; employers do not report individual pay or salaries. The pay bands track the 12 pay bands used by the Bureau of Labor Statistics for the Occupation Employment Statistics survey.
- Aggregate hours worked – Employers tally and report the number of hours worked that year by all the employees accounted for in each pay band.
- Non-exempt employees: employers will consult the records they are required to maintain to identify the number of hours worked.
- Exempt employees: employers have a choice to 1) Report 20 hours per week for each part-time employee and 40 hours per week for each full-time employee; or 2) Report actual number of hours worked by exempt employees, full- or part-time, if they prefer to do so.
New Due Date
The 2016 EEO-1 Report was to be submitted and certified by September 30, 2016 at the latest. The 2017 report will be due no later than March 31, 2018.
HBI will continue to monitor updates regarding this new requirement. Please refer to the resources listed below for more information.
Please note that the information contained in this document is designed to provide authoritative and accurate information, in regard to the subject matter covered. However, it is not provided as legal or tax advice and no representation is made as to the sufficiency for your specific company’s needs. This document should be reviewed by your legal counsel or tax consultant before use.
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