Upcoming EEO-1 Reporting Deadlines
Under Title VII of the Civil Rights Act (Title VII), employers with 100 or more employees and certain federal contractors must submit a report about their workforces to the Equal Employment Opportunity Commission (EEOC) by March 31 every year. This report, known as the EEO-1 report, is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category. However, the collection of this data from 2022 has been delayed, and the portal for submitting EEO-1 reports will not be opened before the usual deadline in 2023. Instead, the EEOC expects to open the portal for employers to begin entering 2022 EEO-1 information sometime in mid-July 2023.
Prior Year Deadline Guidance
EEO-1 reporting for the previous three years was also delayed, with the portal for submitting 2019 and 2020 information opening in April 2021 and ultimately closing in November 2021 and the portal for submitting 2021 information opening in April 2022 and ultimately closing in July 2022.
The unique situations in those prior years may limit their value as guidance for the current year. However, based on the usual deadline and timelines of prior years, employers subject to EEO-1 reporting in 2023 may expect the deadline for 2022 submissions to be set for no later than mid-September 2023.
Enforcement
Although the EEOC sends notification letters to employers it knows to be subject to the EEO-1 requirements, all covered employers are responsible for obtaining and submitting the necessary information before the appropriate deadline. An employer who fails or refuses to file an EEO-1 report as required may be compelled to do so by a federal district court. Federal contractors also risk losing their government contracts for failure to comply.
Next Steps
Employers should monitor the EEOC’s EEO-1 webpage for updates. Employers filing EEO-1 Reports for the first time must register to receive a company login, password and further instructions for filing from the EEOC.
Understanding the Basics of Pay Transparency in 2023
More employees are demanding pay transparency. Despite many employers’ reluctance to embrace this emerging practice, it has gained a stronger foothold in 2023. In fact, pay transparency laws are impacting more employers as a growing number of states and localities require organizations to share pay information with applicants and employees. Here are some pay transparency basics to know for 2023:
What Is Pay Transparency?
Pay transparency is the practice of openly sharing pay-related information with current and potential employees. It helps ensure fairness and equity in the workplace. This information generally includes pay scales or salary ranges.
Pay Transparency Laws
Colorado was the first jurisdiction to enact pay transparency laws in 2021. Since then, 14 states and localities have enacted their own pay transparency laws. In fact, an estimated one-fourth of all U.S. workers were covered under pay transparency laws at the start of 2023. Pay transparency laws vary depending on the jurisdiction. For example, covered employers in California must provide pay scale information in any job posting, and covered employers in New York City must provide the minimum and maximum annual salary or hourly wage for all job postings, promotions and transfer opportunities.
Challenges
Pay transparency laws present compliance challenges for employers since they vary based on the state or locality. Employer compliance difficulties are often greater for organizations that recruit and hire employees across state lines, since hiring remote workers can trigger obligations in states where employers do not have a physical presence.
Employer Takeaway
Regardless of current applicability, even employers who are currently unaffected by local mandates should consider how pay transparency practices may impact their workplace or labor trends. Reach out today for additional resources.
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Patient-Centered Outcomes Research Institute Fees (PCORI)
The Affordable Care Act imposes a fee on employers that sponsor certain self-insured health plans to help fund the Patient-Centered Outcomes Research Institute (PCORI). PCORI fees support research to evaluate and compare health outcomes and the clinical effectiveness of certain medical treatments, services, procedures, and drugs. The fee must be reported once a year on the second-quarter Form 720. It must be paid by July 31 of the calendar year immediately following the last day of the plan year to which the fee applies.
The fee was originally effective for plan years ending on or after Oct. 1, 2012, and before Oct. 1, 2019. However, a 2019 continuing spending resolution reinstates PCORI fees for the 2020-2029 fiscal years. As a result, specified health insurance policies and applicable self-insured health plans must continue to pay these fees through 2029.
For plan years ending on or after Oct. 1, 2021, and before Oct. 1, 2022, the fee is $2.79, multiplied by the average number of lives covered under the plan.
For plan years ending on or after Oct. 1, 2022, and before Oct. 1, 2023, the fee is $3.00 multiplied by the average number of lives covered under the plan.
3 Employee Policies to Review in 2023
Employee handbooks are important tools for establishing employee expectations, addressing workplace issues and defending against potential lawsuits. Employment laws are often complicated, and new regulatory developments may impact these policies. Here are three employment policies employers should consider reviewing in 2023.
1. Pay Transparency
Pay transparency is the practice of an employer openly communicating pay-related information to prospective and current employees through established methods. With demands for pay transparency increasing, more states and localities have passed legislation in recent years. More employers are considering these policies to meet employee desires, even if they are in jurisdictions that do not require pay transparency.
2. Paid Leave
Paid leave laws ensure workers continue receiving a portion of their wages when they’re unable to work under certain circumstances. In 2022, many states and localities enacted paid leave laws. This year, several previously enacted leave laws became effective in various states and cities throughout the United States; many other states have recently proposed paid leave legislation. As such, employers should ensure their leave policies are current and comply with local laws. An employer’s leave policies can also clearly communicate eligibility to employees.
3. Remote and Hybrid Work Arrangements
Employers continue to allow employees to take advantage of flexible work arrangements, but many have not updated their employment policies to adequately address these arrangements. These policies can set clear expectations surrounding employee work hours, communication, productivity, technology usage and more.
Summary
Employers can take steps to ensure their employment policies are current and reflect the most recent regulatory developments. Reach out today for additional resources.
The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.
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