Category: Employment Law

2019 2020 EEO-1 Component 1 Report

2019 and 2020 EEO-1 Component 1 Reports Due

On April 26, 2021, the U.S. Equal Employment Opportunity Commission launched its annual EEO-1 data collection process. The COVID-19 pandemic delayed EEO-1 filing last year. As a result, covered employers now must file both their 2019 and 2020 EEO-1 Component 1 Reports by July 19, 2021.

What Is the EEO-1 Component 1 Report?

U.S. employers with at least 100 employees and some smaller companies with federal government contracts must file demographic data each year. The EEO-1 Component 1 Report identifies the number of employees by job categories and demographic characteristics.

The EEO-1 job categories are:

  • Executive/Senior Level Officials and Managers
  • First/Mid-Level Officials and Managers
  • Professionals
  • Technicians
  • Sales Workers
  • Administrative Support Workers
  • Craft Workers
  • Operatives
  • Laborers and Helpers
  • Service Workers

Within these job categories, employers must provide the number of employees based on sex and race/ethnicity from among these options:

  • Hispanic or Latino
  • White
  • Black or African American
  • Native Hawaiian or Pacific Islander
  • Asian
  • Native American or Alaska Native
  • Two or more races

EEO-1 Component 2 Pay Data Collection

In February 2016, the EEOC modified the Form EEO-1 to include wage and hours data beginning March 31, 2018. Following litigation, the EEOC retroactively collected this “Component 2” data for the years 2017 and 2018. The EEOC anticipates completing an analysis of that data by the end of 2021. It remains to be seen whether, or at least when and how, the EEOC will pursue collection of compensation data again in the future.

Filing FAQs

The unusual year resulting from the coronavirus pandemic has raised some new concerns among EEO-1 filers.

How do we account for employees working at home?

Remote workers must be included on the EEO-1 Component 1 Report for the business location to which they report. The employees’ home address should not be reported as a company location.

What if we only qualified for either 2019 or 2020 filing?

Employers should only file for the year(s) in which they had enough employees and otherwise qualified. According to the EEOC, companies who need to file both 2019 and 2020 EEO-1 Component 1 Reports must file the 2019 report first and then the 2020 report.

Companies that merged, spun off, or dissolved during the timeframe might need to file as separate entities for the two years.

 

Click here to go to the EEOC’s Data Collection portal.

 

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Spring 2021 Employment Law Update

Spring 2021 Employment Law Update (Webinar Recap)

On April 15, 2021, I presented a complimentary “Spring 2021 Employment Law Update” webinar. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Vaccination Issues
  • Federal Labor Law Transitions
  • New York Marijuana Legalization
  • Employment Litigation Trends
  • and More!

Hopefully, we’re nearing workplace recovery from the COVID-19 pandemic. This brings still new challenges, including vaccination questions and concerns. Plus, employment regulations and labor laws continue to shift in many other areas.

What is the Biden Administration up to? New York is also moving forward with more restrictions on employers. Find out how this affects your organization.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch This “Spring 2021 Employment Law Update”

This webinar covers developments at both the federal and state level, with a focus on New York employers. It includes details of new legal restrictions and obligations. But it also goes further to provide insight into what the latest legal changes mean and how they could pose unanticipated challenges.

If you are responsible for employees in New York, then this webinar will give you something to think about and act on the days ahead.

Did you know?:

Washington is pushing changes to help unions organize and represent your employees.

New York employees have the right to smoke marijuana outside of work.

Discrimination charges are likely to rise this year.

Hear about these subjects and more in our Spring 2021 Employment Law Update.

Don’t Miss Our Future Webinars!

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NY COVID-19 Vaccination Leave FAQs

NY COVID-19 Vaccination Leave FAQs

The New York Department of Labor has commented on the State’s law granting all employees paid leave to receive COVID-19 vaccinations. The guidance comes in the form of Frequently Asked Questions available on the agency’s website. These NY COVID-19 Vaccination Leave FAQs address some vital questions, but they leave others unanswered.

NY COVID-19 Vaccination Leave Basics

A law signed March 12, 2021, permits all employees in New York the right to take off up to 4 hours per injection to become vaccinated against COVID-19. The law applies to both public sector (government) and private sector (non-government) employees.

FAQ Coverage

To encompass all employees, the law added separate provisions to both the NYS Labor Law and Civil Service Law.

The NYS Department of Labor has no direct authority concerning the Civil Service Law. Thus, its COVID-19 vaccination leave FAQs only apply to the Labor Law provisions and private-sector workplaces.

Key Questions Answered

Amount of Leave

The FAQ document confirms that if a vaccine requires two injections, the employee could take paid leave twice. Each time could be for up to 4 hours, for a total of 8 hours over the two shots.

Basis for Leave

The DOL acknowledges that the leave is only available for the employee to get vaccinated. There is no leave mandate to permit an employee to assist anyone else, such as a family member, in obtaining a vaccination.

Notice of Leave

The COVID-19 vaccination leave FAQs at least recognize that employers may require notice before an employee takes time off to get the vaccination. Unfortunately, there is no further comment on the nature or timing of such notice.

Documentation

Perhaps the most significant aspect of the FAQ document is the confirmation that the law does not prohibit employers from requiring proof of vaccination from their employees who take the leave.

But, the DOL is careful to hedge by advising that “employers are encouraged to consider any confidentiality requirements applicable to such records prior to requesting proof of vaccination.”

Unanswered Questions

Noting that the Labor Law permits employees to take a “sufficient period of time” off for each injection, the FAQ document doesn’t attempt to define this term. The DOL merely reiterates that the employee is not entitled to more than 4 hours for each shot.

As mentioned above, the DOL has also thus far declined to suggest how much notice an employer may require. The law arguably permits employees to leave work at a moment’s notice to receive the vaccination.

Overall, the NY COVID-19 Vaccination Leave FAQs offer little beyond a literal reading of the new law. Employers facing questions about implementation and procedure should consider other applicable laws, such as those surrounding obtaining and using employee medical information. In some cases, unionized companies may need to negotiate some issues related to administering the leave requirement with unions.

As an additional reminder, employers cannot deduct paid COVID-19 vaccination leave from any other benefit time, including New York Paid Sick Leave.

 

Click here for the full NYS DOL FAQs on Paid Leave for COVID-19 Vaccinations.

 

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