EEO-1 Pay Data Revived By DC Federal Court

Employers breathed a collective sigh of relief in August 2017, when the Office of Management and Budget (OMB) announced it was staying the requirement that employers report W-2 wage information in the annual EEO-1 Report.   Now, though, the reprieve seems over.  On March 4, 2019, the District of Columbia Federal Court ruled that OMB improperly issued the stay without good cause, and put the wage report back into effect.  See National Women’s Law Center v OMB, No. 1:17-cv-2458 (D.D.C.  March 4, 2019). The EEO-1 wage report has a tumultuous history.  The addition to the report was proposed in January 2016 during the Obama administration, and approved by the OMB.  Referred to as “Component 2” of the EEO-1, it would require employers to provide W-2 earnings for employees, along with hours worked.  The ostensible purpose of the wage data is to increase pay transparency and equal pay compliance.  However, the proposal met…

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