To view this page ensure that Adobe Flash Player version 11.1.0 or greater is installed.

Government-Mandated Pay Reporting Is on the Horizon On January 29, 2016 (seventh anniversary of President Obama’s signing of the Lily Ledbetter Fair Pay Act), The U.S. Equal Em- ployment Opportunity Commission (EEOC) announced the long-anticipated proposed regulations for pay data collection. Private-sector employers with 100 or more employees will complete an expanded EEO-1 annual workforce demographics report that will now include 12 pay categories. The EEO-1 has been around since 1966; the current rules for which employers are required to file the report are not changing. Pay data would be based on W-2 earnings; employers would also report total hours by pay band. EEOC is soliciting comments on how to han- dle hours for salaried employees whose hours are not generally tracked. The first pay report would be due in September 2017; employers would report a year of pay data looking back from any pay period between July 1 and September 30 of the report- ing year. The rule includes federal contractors and supersedes the Department of Labor proposed regulation announced in 2014; the two agencies are together on the EEOC plan. There is speculation that federal contractors with 50-99 employees who currently file EEO-1 might be included later. Comments were being taken until April 1. Richard Tonowski EEOC The history of the rule goes back to the resident’s National Equal Pay Enforcement Task Force, established in 2010 to pro- mote interagency cooperation in fighting pay discrimination. One of the action items was for EEOC to contract with the National Research Council (NRC) for a report on methods to collect pay data. That report (NRC, 2013) raised questions of what the data would be used for as well as making recommen- dations on collection details and confidentiality concerns. It also recommended a pilot program before full implementation of any program. EEOC contracted with Sage Computing for a study, using the EEO-1 as the collection instrument (Sage Com- puting, 2015). EEOC also held a 2-day meeting in 2012 to get input from various stakeholders. The EEOC rule states that the purpose of the data is to “assess 74 April 2016, Volume 53, Number 4