Important Pay Data Reporting Deadlines

Important Pay Data Reporting Deadlines

Springtime brings us allergies, nicer weather, and excitement about summer travel plans. It also represents pay data reporting season for large employers and federal contractors. Are you up to date with state and federal requirements?

California Pay Data Reporting

As a refresher, California law requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the Civil Rights Department.

California's reporting deadline is the second Wednesday of May each year. For 2024 data, the reporting deadline lands on May 14, 2025. Covered employers can learn more here. Note this is separate and in addition to the federal EEO-1 Component 1 data collection.

Federal EEO-1 Reporting

Many employers have been wondering when-and if-EEOC will open the EEO-1 portal for 2024 Component 1 reports. While it appears EEO-1 data collection will still be required this year, there may be some changes on the horizon. Importantly, according to recent documents that EEOC filed for approval by the Office of Information and Regulatory Affairs (OIRA), the portal may open as soon as May 20, 2025, and close on June 24, 2025.

What is the EEO-1 Component 1 Data Collection?

Similar to California's pay data reporting requirement, the EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and job categories.

Federal contractors with 50 or more employees meeting certain criteria have also been required to file EEO-1 Component 1 reports.

• The revised instruction booklet continues to direct federal contractors with at least 50 (but fewer than 100) employees to file, without mention of President Trump's January, 2025 revocation of EO 11246. EO 11246 is the Executive Order that created the obligation for federal contractors with fewer than 100 employees to file EEO-1 reports. With President Trump revoking that Order, it creates ambiguity as to whether this requirement is still in place. Contractors with fewer than 100 employees and questions about whether they are required to file should consult their counsel.

What Are the Proposed Revisions to the EEOC's Instruction Booklet?

EEOC proposes to revise the instructions to eliminate the option to report non-binary employees. Employers will only be able to report employees as "male" or "female." According to EEOC, this change is necessary to comply with President Trump's Executive Order 14168, which states the federal government will recognize only two sexes-male and female.

Other proposed changes suggest that EEOC will not send out "Failure to File" notices prior to closing of the portal. It also proposes to address changes in processing of undue hardship exemptions, to reflect current regulations.

What Should Employers Do Now?

If you have 100 or more employees, file as soon as possible with California's Civil Rights Department, if you haven't done so already. If you have 100 or more employees, or if you have 50 or more employees plus a federal contract that requires you to file the EEO-1 Component 1, continue to monitor the EEOC's announcements on its Data Collection page.

CEA members can call 800-399-5331 or email [email protected] with additional questions.