Human Resource & Labor News
www.agc.orgSeptember 14, 2017 / Issue No. 06-17
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On the Inside
Professional & Workforce Development
Construction HR & Training Professionals Gear Up for Industry Conference
Seventy Percent of Contractors Have a Hard Time Finding Qualified Craft Workers to Hire Amid Growing Construction Demand, National Survey Finds
Wages & Benefits
Overtime Rule Invalidated by Federal Court in Texas
Minimum Wage for Federal Contractors Raised to $10.35 for 2018
Judge Finds Contractor Responsible for Davis-Bacon Workers’ Actual Lodging Expenses
AGC Urges DOL to Modernize Davis-Bacon Certified Payroll Reporting Requirements
PBGC Report Shows Continuing Problems with Multiemployer Pension Plans
Equal Employment Opportunity
OMB Halts New EEO-1 Pay Data Collection Requirements; Original EEO-1 Reporting Still in Effect
Equal Employment Opportunity
OMB Halts New EEO-1 Pay Data Collection Requirements; Original EEO-1 Reporting Still in Effect
 

On August 29, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016, in accordance with its authority under the Paperwork Reduction Act (PRA). OMB’s decision follows AGC’s regulatory recommendations, specifically that the new EEO-1 requirements were unnecessary and burdensome. “Among other things, OMB is concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues,” the office said in its memo to the EEOC.

OMB’s action does not completely rescind the revised EEO-1 Report, but it does relieve employers of their obligation to file the new “Component 2” (W-2 pay and FLSA hours worked information). The previously approved EEO-1 form which collects data on race, ethnicity and gender by occupational category will remain in effect. Employers should plan to comply with the earlier approved EEO-1 (Component 1) by the previously set filing date of March 2018.

Component 1 is simply the “old” format that employers used to file the last round of reports in September 2016. Those reports tally ethnicity, race, and gender data, by EEO-1 category for each physical location. A link to EEOC’s Frequently Asked Question about the EEO-1 filing can be found here:  https://www.eeoc.gov/employers/eeo1survey/faq.cfm.

AGC opposed the new data collection, calling upon the Trump administration and Congress to rescind the Obama administration Presidential Memorandum ordering the new EEO-1 form, and the form itself. AGC submitted comprehensive comments explaining its position to the EEOC in April and August 2016. AGC also testified against this new requirement before Congress in September 2016. 

AGC commends OMB and the EEOC for providing contractors with the necessary regulatory relief and will notify members of any further developments.

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.
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