On January 29, 2016, the US Equal Employment Opportunity Commission (EEOC) made public a proposed revision to the Employer Information Report (EEO-1), required of federal contractors having 50 or more employees and all employers of 100 or more employees, to include disclosure of employee compensation data. The current form of the EEO-1 directs covered employers with more than 50 employees (contractors) or 100 employees (private industry) to report annually the number of individuals they employ by job category, race, ethnicity and sex. The new proposal would add aggregate data on pay ranges and hours worked to the information collected, beginning with the September 2017 report. This will include data on employees’ W-2 earnings.

The new proposal was announced in conjunction with the White House’s commemoration of the seventh anniversary of the Lilly Ledbetter Fair Pay Act. The EEOC said the new data will assist the agency in identifying possible “pay discrimination and assist employers in promoting equal pay in their workplaces." The proposed changes are available for inspection on the Federal Register website, and were officially published in the Federal Register on February 1, 2016. Members of the public will have until April 1, 2016, to submit comments.

The Dentons Employment and Labor team will follow these developments closely, and will provide additional updates as the requirements take form.

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