Taking Care of HR Business
        A blog from the attorneys of Verrill

        EEOC Builds Off of “Rosebud” Momentum Seeking Extensive Pay Data

        by Tawny L. Alvarez on January 29, 2016

        Today the EEOC announced proposed changes to the EEO-1 form that will affect federal contractors and all employers who employ over 100 individuals. The proposal (available here) would require employers to provide wage data for employees falling into 10 job categories with the requirement that employers identify gender, race, hours worked, and wages earned. The wage categories proposed provide:

        • $19,239 and under
        • $19,240 – $24,439
        • $24,440 – $30,679
        • $30,680 – $38,999
        • $39,000 – $49,919
        • $49,920 – $62,919
        • $62,920 – $80,079
        • $80,080 – $101,919
        • $101,920 – $128,959
        • $128,960 – $163,799
        • $163,800 – $207,999
        • $208,000 and over

        The wages are based off of W-2 data, but no further information will be included in the updated forms to further explain the data to the EEOC. The proposal notes that:

        The EEOC and OFCCP plan to develop a software tool that will allow their investigators to conduct an initial analysis by looking at W-2 pay distribution within a single firm or establishment, and by comparing the firm’s or establishment’s data to aggregate industry or metropolitan-area data. This application would highlight statistics of interest.

        (Proposed Revision.) While the EEOC’s 2013 – 2016 Strategic Enforcement Plan includes as a priority “Enforcing Equal Pay Laws” by targeting “compensation systems and practices that discriminate based on gender,” the current proposal goes a step beyond the Strategic Enforcement Plan now seeking data based on not only gender, but race as well. This comes less than a year after the EEOC successfully withstood a motion to dismiss in the Northern District of Illinois (EEOC v. Rosebud Restaurants, Inc.) in which the EEOC was permitted to proceed despite having failed to set forth an aggrieved individual in a race bias lawsuit.

        If you have questions as to how the proposed EEO-1 form could affect your current data collection or reporting, please contact a member of Verrill Dana’s Labor & Employment Practice Group to further discuss.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        Verrill Recognized as a Best Law Firm by Best Lawyers®

        BOSTON, Mass.; AUGUSTA, Maine; BANGOR, Maine, PORTLAND, Maine; GREENWICH, Conn., and WESTPORT, Conn. – Verrill has been recognized in the 2027...
        Press Releases

        Verrill Attorney Stephen Segal Named President of the Maine Chapter of the Federal Bar Association

        PORTLAND, Maine – Verrill attorney Stephen B. Segal has been elected President of the Maine Chapter of the Federal Bar Association (FBA). The...
        Press Releases

        42 Verrill Attorneys Named 2026 Super Lawyers and Rising Stars

        BOSTON, Mass.; BANGOR, Maine; PORTLAND, Maine; and WESTPORT, Conn. – Verrill is proud to announce that 42 attorneys have been recognized in the...
        Blog

        Introduction to the Blog Post Series & PART 1: Understanding Chemical Safety Regulation A Primer on RMP, PSM, and the General Duty Clause

        If your facility handles hazardous chemicals, there is a good chance you are subject to one—or more—of the federal government’s chemical safety...
        Blog

        Self-Certification of 401(k) and 403(b) Plan Distributions

        With passage of the SECURE Act in 2019 and the SECURE 2.0 Act in 2022, 401(k) and 403(b) plan sponsors have been able, but not required, to provide...
        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...