SMACNA contractors who are subject to EEO-1 reporting need to be prepared to submit their pay-data as a part of their 2019 EEO-1 reporting. In March, a federal judge reinstated the revised EEO-1 form's pay-data reporting provisions. These provisions were originally suspended in 2017 by President Donald Trump's administration.
However, at this time it is still unclear whether the wage data will be required as of the May 31, 2019 reporting deadline or if the wage data reporting timeline will be extended. The Equal Employment Opportunity Commission (EEOC) informed the court on April 3 that it could collect employee pay data by a deadline of September 30, 2019. At this time, the federal judge has still not signed off on the delay.
The EEO-1 revisions in question required:
All private employers with 100 or more employees as well as federal contractors and first-tier subcontractors with 50 or more employees AND contracts of at least $50,000 are currently obligated to complete and file the report each year.
This year's May 31, 2019 filing deadline is quickly approaching and SMACNA members should be keenly aware that the ruling could take immediate effect. This would then require SMACNA contractors who are subject to EEO-1 reporting to report data on W-2 wages and hours worked for all covered employees. In anticipation of this possibility, many industry experts are recommending that contractors required to file an EEO-1 start gathering data now in the event that the requirement goes into effect.