As employers are well aware, the pay and hours worked data component of the EEO-1 (known as “Component 2”) is, due to a court ruling, now in effect, and employers have until September 30 to submit 2017 and 2018 Component 2 data to the EEOC. Our prior blog posts about Component 2 are available here and here.

Some employers held out hope that because the court ruling has been appealed that some last minute court action may save the day and relieve them of their Component 2 burden.  Today, at the National Industry Liaison Group’s annual conference, EEOC Commissioner Victoria Lipnic put those hopes to rest.  Speaking to the conference participants, Commissioner Lipnic recognized the burden the court’s ruling has imposed on employers, but made clear that “nothing will stop” employers’ obligation to submit Component 2 data by September 30.  She did state that after the data is submitted, the EEOC should conduct an “honest assessment of what we learn from the data” in an “open process,” that includes an assessment of the true burden the submission places on employers.

As such, any employers that have been postponing their Component 2 preparations in the hopes of a last-minute reprieve should begin those preparations in earnest.  For employers looking for guidance, Proskauer partners Kate Gold and Guy Brenner will be speaking on the topic during a webinar scheduled for August 7, 2019.  Details about the webinar are available here.

 

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.