Employers are Required to Report 2018 Pay Data by September 30, 2019

A federal court in Washington, D.C. ordered the Equal Employment Opportunity Commission (EEOC) to reinstate a rule it issued in 2016 that requires mid-size and large employers to report pay data to the federal government. The rule, which was scheduled to go into effect March 31, 2018, was yanked by the Trump Administration. However, a federal court Judge has ruled that the Trump Administration’s failure to implement the Obama-era rule was an unlawful administrative action.

The court’s decision has the EEOC scrambling to put infrastructure in place to collect the data. Likewise, employers must move quickly to analyze and gather the data to submit within the next 6 months.

Under the reinstated rule, private employers and federal contractors and subcontractors with 100 or more employees must submit to the EEOC 2018 pay data based on sex, race and ethnicity. Pursuant to the court's order, these employers will also be required to submit pay data for either 2017 or 2019, a decision the EEOC must make by May 3, 2019.

What Should Employers Do to Prepare?

  • Determine if you are a company who must report pay data.
  • Ensure the information you need to submit is readily available, or begin to analyze and gather the data.
  • Conduct a privileged pay equity audit to prepare for the reporting of 2019 pay data.

Webinar - Learn More About It

The federal court has ordered the EEOC to issue guidance to assist employers in complying with the rule. Upon its issuance, NFC will host a webinar explaining in detail the EEOC rule, including reporting thresholds, data collection and submission requirements. Keep an eye on your inbox for the webinar invite.


If you have questions about compliance with the reinstated pay data requirement, need assistance in conducting a pay equity review, or need guidance analyzing how the changes may impact your business, please contact Kerrie R. Heslin or the Nukk-Freeman & Cerra, PC attorney with whom you normally work.
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