In February, the California Civil Rights Department updated its guidance for employers subject to the state’s pay data reporting requirements. The process is largely the same with a few notable exceptions, including (1) a new template required for uploading to the portal, (2) a new data field requiring reporting of remote-worker headcount, (3) the requirement to assign all employees a race/ethnicity and gender and (4) additional guidance on which employees should be counted for the report.
Reporting is due May 8, 2024. If you believe you are subject to California pay data reporting requirements, please visit the Insperity® Help Center for assistance in isolved and additional information about the legislative and regulatory requirements. You may also find information about reporting requirements in the Insperity HR Support Center here.
The information provided in this document does not, and is not intended to, constitute legal advice. Instead, all information, content and materials available here are for general informational purposes only. If you require legal advice, we strongly recommend that you consult with a qualified attorney. Only your individual attorney can provide personalized advice tailored to your specific situation and jurisdiction. This document should not be relied upon as a substitute for professional legal counsel.
The EEOC announced that the submission of EEO-1 data for 2023 opened on April 30, 2024, and closes on June 4, 2024.
Who needs to file EEO-1 reports each year?
Companies with 100 or more employees
Companies with fewer than 100 employees or if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees
Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246 with 50 or more employees and a prime contractor first-tier subcontract amounting to $50,000 or more
What information will be needed to file?
Company ID and unique PIN
Company EIN and NAICS code and company DUNS number (if a federal contractor)
Establishment address, EIN and NAICS code for each establishment or establishment DUNS number (if a federal contractor)
Count of all full- and part-time employees on the effective date selected by the employer
Gender and race/ethnicity of all employees
EEO-1 job categories of all employees
Get your data ready
Requirement one: All Jobs must have an EEO Category assigned
Navigate to Client Management > Job > Jobs and ensure the EEO Category is populated for all your jobs in isolved. Don’t forget to check any jobs that may be inactive as well. If the job was active in the prior calendar year, it will need to have an EEO Category assigned.
Requirements two and three: All employees must have a gender and ethnic origin assigned
An easy way to identify where updates are needed is to run the EEO-1 report. Navigate to Reporting > Client Reports and select a Report Category of HR – Compliance to filter your report list. Select the EEO1 Report – As Of Date and enter the following report criteria:
As Of Date: Enter the period end date for the payroll you select to use for EEO reporting. This pay period must fall between Oct. 1 and Dec. 31 of the 2023 reporting year.
Date Type: Select Period Ending Date
Employees To Include: Keep the default ALL Active and Inactive employees
Select the Employee Audit Report (Excel format)
When viewing the report, page down and you will see a list of errors that need correction:
All employees must be assigned an EEO job category
All employees must have a gender and ethnic origin
Update your data
Ask your employees to add missing gender or ethnic origin data through employee self-service.
For clients using the modern Adaptive Employee Experience (AEE), employees will navigate to Personal > Personal Information > Federal Reporting > EEO to update their gender and race/ethnicity identification selections. They will be able to see their current self-reported status and make updates on any device: phones, tablets or computers.
For clients using Employee Self-Service in Classic View, employees will navigate to Employee Self-Service > Federal Reporting Data > EEO Self-Identification to update their gender and race/ethnicity identification selections.
Please note: If an employee is uncomfortable answering the questions, they can select the option “I do not wish to disclose,” but the field cannot be left blank.
If your employees do not have access to make these updates, contact your payroll specialist and they will enable the appropriate security roles.
Ensure all work locations are tied to an establishment
Establishments screen links work locations to EEO-1 reporting establishments.
Navigate to Client Management > Client Maintenance > Establishments and ensure all your work locations are tied to an establishment in isolved. If you already have an establishment created, verify all your work locations are associated with the establishment. If you need to create an establishment, click the Add New button to create your establishment and then select the work locations that you want to tie to your establishment.
To use the isolved EEO1 Report or EEO1 Export, you need to link your work locations to EEO establishments and assign your company headquarters on the Establishments screen for accurate reporting.
If you are a multi-establishment employer, make sure you designate one of your establishments as your headquarters to enable the Type 3 Headquarters report.
Run your EEO-1 Audit Report
Run your EEO1 Employee Audit Report again to verify all your data has been updated. Look good? Now you are ready to run your EEO1 Export Report. Navigate to Reporting > Client Reports and select the Report Category HR – Compliance to easily access the EEO-1 reports in isolved and submit your data through the EEO-1 Data Collection Portal.
For companies tracking ethnic origin, gender and EEO classifications in isolved, the EEO1 Export is formatted as a comma-delimited (CSV) file for upload to the EEO-1 Component 1 Online Filing System. This report is available on the Reports > Client Reports menu in the HR Compliance Reports category.
Delaware adopted final rules implementing the Healthy Delaware Families Act (HDFA) on June 30, 2023. The regulations have been amended to address the coordination of benefits and notice requirements for the HDFA and its Paid Family and Medical Leave (PFML) program. Here are some takeaways:
The amended definitions include “family and medical leave benefits” for family caregiving, medical or parental leave and clarifying the definition of “employee” and “willful” for the HDFA and PFML program.
A “covered individual” is defined as an individual employed for at least 1,250 hours of service within Delaware with the employer during the previous 12-month period.
The regulation also includes requirements regarding the coordination of other benefits offered by employers, including paid time off (PTO) and the use of PTO to supplement wages. Employers must provide employees with notice of their coordination policy for PTO and PFML benefits, including whether unused PTO is required before accessing PFML benefits, how much PTO is required, and whether accrued PTO counts toward the total length of leave provided under the HDFA.
The Department of Labor’s Division of Paid Leave (DPL) has amended regulations to require employers to provide PFML notices to all employees at least 30 days before payroll contributions begin on Jan. 1, 2025. If an employer provides a disability or paid leave policy as primary coverage, the PFML benefit payments must be reduced to what the employer-provided policy pays so that the covered individual receives no more than 100% of their average weekly wage. If the PFML is primary, then the employer-provided leave policy supplements the PFML benefit up to no more than 100% of a covered individual’s average weekly wages.
The final rule emphasizes that covered individuals cannot receive more than 100% of their average weekly wage during their PFML benefit period. Employers and covered individuals are both responsible to review benefit information to avoid any overpayment. The amended rule also requires employees to provide at least 30 days’ notice prior to filing a claim for leave under the PFML program. If the leave is foreseeable at least 30 days in advance and the employee fails to give advance notice, the employer may delay coverage until 30 days after the date the employee does provide notice.
POTENTIAL ACTION ITEMS:
Employers must obtain the PFML notice from the DPL website when it is published and provide the notice to employees within the time limits provided.
Employers should review and revise, if necessary, any coordination of benefits policies to comply with the final rule.
Employers should revise written leave policies related to procedures for employees to notify the employer of the need to take leave.
The information provided in this document does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available here are for general informational purposes only. If you require legal advice, we strongly recommend that you consult with a qualified attorney. Only your individual attorney can provide personalized advice tailored to your specific situation and jurisdiction. This document should not be relied upon as a substitute for professional legal counsel.
Oregon has updated its regulations regarding the Oregon Family Leave Act (OFLA), which mandates employers to provide up to 12 weeks of leave to employees or qualifying family members within a year. Here are some takeaways:
The final rules clarify definitions, uses for leave and when medical verification can be requested.
They also add “by affinity” to the list of qualifying family members for whom an employee may use OFLA leave.
The rules also clarify that for an employee to take parental or sick child leave under the OFLA, the child receiving care must be under 18 or an adult dependent child substantially limited by a physical or mental impairment.
The definition of “serious health condition” has been amended to include pregnancy termination, fertility or infertility treatments, and pregnancy disability leave.
The “leave year” to designate OFLA leave is a one-year period, beginning the Sunday immediately preceding the date on which the leave commences. Employers must provide 30 days notice of their need for foreseeable OFLA leave and must provide as much notice as possible when advance notice is not practicable. The rules also remove certain limitations on the number of weeks an employee can take in OFLA leave to deal with the death of a family member and concurrent use of OFLA leave for the deaths of multiple family members.
The final rules of OFLA have clarified that employers may not require medical verification for parental leave, sick-child leave due to public health emergencies, or bereavement. Employers may provisionally designate an absence as OFLA leave until sufficient information is received, and nonmedical verification must be requested within five days of the leave request or when the employer learns that the leave may be OFLA-qualifying. If an employee has taken sick-child leave for three consecutive days in one leave year, medical verification from a health care provider may be required on the fourth or subsequent day. Medical verification of OFLA leave is binding, and employers cannot require a second opinion. The final rules also amend the process for verifying an employee’s return to work after leave taken for their own serious health condition.
POTENTIAL ACTION ITEMS
Review and revise, if necessary, leave policies, handbooks, forms and leave administration procedures relating to OFLA leave and sick leave to conform to the final rules’ requirements.
The information provided in this document does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available here are for general informational purposes only. If you require legal advice, we strongly recommend that you consult with a qualified attorney. Only your individual attorney can provide personalized advice tailored to your specific situation and jurisdiction. This document should not be relied upon as a substitute for professional legal counsel.
