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Hinshaw's 12 Days of California Labor & Employment Series – Day 11: Pay Data Reporting – Another Headache for Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and SB 973.

The Equal Pay Act has been in play for decades and has expanded over the years. In 2015, Governor Brown signed the California Fair Pay Act, which became effective January 1, 2016. The California Fair Pay Act aimed to ensure equal pay for employees performing "substantially similar work" and also to make it more difficult for employers to justify pay disparities through the "bona fide factor other than sex" defense. Existing federal law requires certain companies to file an annual employer information report which includes data regarding demographics of the employer's workforce (EEO-1) with the federal Equal Employment Opportunity Commission (EEOC). SB 973 is another attempt to minimize California's gender pay gap. A similar bill was vetoed in 2017 and then held in committee throughout 2018 and 2019. More ›

EEOC Announces Due Date for Collection of 2017 and 2018 EEO-1 Race, Gender, and Ethnicity Pay Data, DOL Files Appeal

The EEOC is immediately reinstating the revised EEO-1 pay data survey previously put on hold by the Office of Management and Budget (OMB), even as the U.S. Department of Labor seeks to challenge the court ruling that mandated the data collection. The deadline for filing Component 2 data for calendar years 2017 and 2018 will be September 30, 2019. The EEOC will begin collecting Component 2 data sometime in mid-July, but the precise date is still unknown. The EEOC will notify filers of the opening date "as soon as it is available." More ›

Court Orders EEOC to Resume Collection of Pay Data

In a move directed at addressing inequities in pay and preventing pay discrimination, the United States District Court for the District of Columbia rejected the Office of Management and Budget's (OMB) decision to stay the collection of pay data by the Equal Employment Opportunity Commission (EEOC). Unclear from the Court's decision, however, is when the EEOC will begin implementation of the pay data collection. For employers subject to this requirement, organizing pay records and information will only help streamline their reporting process once it gets underway. More ›

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