In September 2016, the Equal Employment Opportunity Commission (EEOC) expanded the scope of the EEO-1 report, which private employers with 100 or more employees must file annually. The expanded report would have required covered employers to provide data to the EEOC on (1) wages and (2) work hours for the employees who are included on the EEO-1 report. Previously, the report had only required data on gender, race/ethnicity, and job category. Opponents to the expanded reporting argued that the new data will create more lawsuits against employers. In August 2017, under President Trump’s administration, the Federal Office of Management and Budget (OMB) halted the new wage and work hours reporting requirement before it went into effect. However, on March 4, 2019, a federal district court in the District of Columbia, in a lawsuit filed by advocacy groups, reversed the OMB’s decision and reinstated the wage and work hours reporting requirement.

On April 3, 2019, the EEOC filed a brief with the court proposing to separate this year’s EEO-1 data collection into two parts (with no mention of the plan going forward after this year):

The first part due May 31, 2019 is the regular unexpanded EEO-1 report data on gender, race/ethnicity, and job category.
The second part, tentatively due September 30, 2019, is the new wages and work hours data, and would involve the EEOC engaging a third-party vendor to collect the data.
The judge has yet to rule on whether the EEOC’s proposal to collect data in two parts is acceptable. There is also no word yet from the President’s administration on whether it will appeal the judge’s March 4, 2019 decision that overturned the OMB’s decision.

Studios and production companies should consult with their human resources or legal department about preparing for this required filing. EP will monitor this case and update you on any material developments.

If you have any questions, please contact:

Alan Wu (awu@ep.com)
Director, Employment & Labor Relations Counsel