EEO-1   

Who must file?

1. Private sector employers covered by Title VII of the Civil Rights Act of 1964 with 100 or more employees;  OR
2. employers that have 50 or more employees AND

• are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
• serve as a depository of Government funds in any amount, or
• are a financial institution which is an issuing and paying agent for U.S. savings Bonds and Notes.

What gets reported and when? The employer records a snapshot, so to speak, taken in any pay period in the month of July through September, of the employees in its workforce by gender and one of seven racial categories within each of ten job classifications, all defined in the EEO-1 report. The report is filed online by September 30th of each year.

How is that data collected? The federal regulations urge employers to obtain this information through employees' voluntary self-identification rather than relying upon the employer's visual survey of its workforce. The form, however, must clearly convey to employees that self-identification is voluntary. Click here for more information.

VETS-100 & 100A

Who must file? Now this gets a little tricky. This is the second year that covered employers will have to determine which report to file, if not both; the VETS-100A was a new report added last year.

• If the employer has a covered federal (sub)contract that was entered into prior to 12/01/03 of $25,000 or more it must file the VETS-100 report;
• If the employer has a covered federal (sub)contract that was entered into or modified on or after 12/01/03 of $100,000 or more, then you must file the VETS-100A.
• If you have both, then file both reports.

In the interim are you in need of HRCI credits for recertification?  Any of FiveL's webcasts archived in or after August 2009 are pre-approved for 1.0 credit hour (see individual, archived listings for strategic or general credit). Just $25 per person.

Use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.

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Watch "Absolute Measure"

No, it's not a new television show.  On August 6th the U.S. EEOC issued a statement warning employers about their use of arrest or conviction records noting that "using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way."  The notice list several factors an employer should consider when assessing an employment opportunity for an individual with an arrest or conviction record:

• the nature of the job and how the arrest/conviction relates to it;
• the nature and seriousness of the offense; and
• the length of time since the offense occurred.

 Consider your employment policies, practices and application. If you consider certain convictions or arrests an absolute bar to employment, reconsider that position in light of the factors above.  Also ensure you are complying with any applicable laws in the state(s) in which you do business as several restrict, limit or bar the use of certain arrest and/or conviction records.

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Once Again - Better Than Average

Ms. Walters once again received better-than-average ratings of 4.72 on a 5.0 scale as compared to the average rating for all speakers of 4.45 following her presentation of "Employee Where Art Thou? The Latest News in Managing Disability & Leave Issues" to more than 200 attendees at SHRM's Annual Conference in June in San Diego, CA.

Is your professional or trade association looking for an engaging and dynamic speaker to address employment/HR issues?  Want a sneak peek?  See a brief video clip of Ms. Walters in action. 

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Wage & Hour Woes

The pace at which wage and hour claims are making the headlines has certainly not slowed and may be increasing.  Make sure you are dotting and crossing your proverbial i's and t's.  Consider just a few of the following headlines in August:

• August 26th - U.S. DOL recovers $433,000 in back wages for 69 employees (failure to pay for work before/after shift);
• August 17th - U.S. DOL obtains nearly $1 million in back wages for 135 H-1B workers (failure to pay all wages due);
• August 11th - U.S. DOL recovers more than $866,000 for more than 1,000 workers (failure to pay proper overtime); and
• August 10th - U.S. DOL obtains nearly $137,000 for 140 workers from contractor and subcontractor (failing to pay all overtime and include bonuses in the calculations).

Need a refresher?  Check out FiveL Company's archived webcast from March 24th, "To Pay or Not to Pay: The Latest News in Wage & Hour Administration." Just $25 per person and pre-approved by HRCI for 1.0 general credit hour.

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This newsletter does not constitute the rendering of legal advice. For legal guidance on any particular issue(s) you should consult with your company's legal advisor or contact FiveL Company directly. 

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