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Pay Transparency Legislation Series Episode 2 Reporting Requirements

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Pay Transparency Legislation Series Episode 2 Reporting Requirements

  1. 1. Pay Transparency Legislation Series EP 2: Reporting Requirements Wednesday, June 29th
  2. 2. Today's Presenters Lulu Seikaly Senior Corporate Attorney- Employment Ruth Thomas Chief Product Evangelist Vicky Peakman Director of Social Impact
  3. 3. Today's Agenda • Pay reporting legislation overview • How to prepare for compliance • How Payscale can support
  4. 4. Poll Question 1: What’s your current status on pay reporting? (select all that apply) A. We are one of the 625 Illinois employers who recently reported B. We are preparing for Illinois reporting C. We are seeking to comply with upcoming California legislation D. We are monitoring reporting requirements for potential wider adoption across the US E. We are interested in general best practice in pay equity reporting
  5. 5. Pay reporting legislation
  6. 6. Global Pay Reporting Requirements Almost half of OECD countries require companies to report gender pay gap statistics No reporting requirements Pay Audits to assess gender equity carried out ad hoc with selected companies Companies required to report non-pay gender disaggregated data Companies required to report gender disaggregated pay data without broader audit Companies required to conduct regular gender pay audits including gender disaggregated pay Source OECD
  7. 7. US Pay Reporting Background • EEO-1 Reporting • California SB 973 (Sept 2020) • Must report to the DFEH the following: • The number of employees by race, ethnicity, and sex, during the snapshot period of October 1 to December 31 of the reporting year. • The number of employees by race, ethnicity, and sex, whose annual earnings fall within each of the pay bands used by the United States Bureau of Labor Statistics. • The total number of hours worked by each employee plus paid time off (such as paid sick time, and holiday time). • A certification that the information contained in the pay data report is accurate and prepared in accordance with Government Code section 12999 and DFEH's instructions, and the name, title, signature, and date of signature of the certifying company representative. • The name, title, address, phone number, and email address of someone who can be contacted about the report.
  8. 8. Illinois equal pay reporting obligations: • First state to seek employee-level pay information • Private employers with more than 100 employees • Provide EEO-1 Report, employee list (name, gender, race, county, total wages, hire date, job title, termination date, EEO-1 job classification) • Compliance statement California is currently evaluating legislation that would include: • Additional reporting requirements to DFEH • Historical records of job posting, wage data and pay history • Publish pay ranges in job postings • Publish promotion opportunities including pay range prior to making internal promotions What's happening with Equal Pay Reporting legislation in the US today?
  9. 9. • Who: Private employers with 100+ employees in Illinois • What: 4 parts to legislation • When: Rolling deadline Recertify every 2 years • Where: IDOL website Illinois Equal Pay Reporting Obligations
  10. 10. California Legislation Overview Illinois Pay Reporting Legislation • Create Illinois Public ID Account and submit $150 filing fee • Submit most recent EEO1 Reporting • Upload Wage Data (W5 Category) • Equal Pay Compliance Certification What Steps Do I Take?
  11. 11. Illinois: Wage Data Source: IDOL Website
  12. 12. California Legislation Overview Illinois: Equal Pay Compliance Certification 1. Is in compliance with Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Illinois Human Rights Act, and the Equal Wage Act 2. The average compensation for its female and minority employees is not consistently below the average compensation of its male and non-minority employees within each of the major EEO-1 categories taking into account job-related factors 3. That the business does not restrict employees of one sex to certain job classifications and makes retention and promotion decisions without regard to sex. 4. That wage and benefit disparities are corrected when identified to ensure compliance; Evidence of process 5. How often wages and benefits are evaluated and the approach the business takes in determining wages and benefits (e.g, wage survey, performance)
  13. 13. Penalties? • How much? • Up to $10,000 • Immediate penalties? • IDOL will notify employers who failed to timely file and give them 30 days to cure • What if we are paying unequal wages? • IDOL may initiate an investigation/audit
  14. 14. Have More Specific Questions? Visit the IDOL FAQ Page
  15. 15. How Payscale can support Illinois Equal Pay Reporting Obligations
  16. 16. California Legislation Overview Illinois: Equal Pay Compliance Certification 1. Is in compliance with Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Illinois Human Rights Act, and the Equal Wage Act A proactive pay equity analysis will: Mitigate employee wage inequalities based on race, gender, and other criteria; AND Ensure that you are compensating all employees the same when they perform the same or similar job duties, while accounting for legitimate job-related factors.
  17. 17. California Legislation Overview Illinois: Equal Pay Compliance Certification 2. The average compensation for its female and minority employees is not consistently below the average compensation of its male and non-minority employees within each of the major EEO-1 categories taking into account job-related factors 3. That the business does not restrict employees of one sex to certain job classifications and makes retention and promotion decisions without regard to sex.
  18. 18. Vicky’s first video
  19. 19. Illinois: Equal Pay Compliance Certification 4. That wage and benefit disparities are corrected when identified to ensure compliance; Evidence of process
  20. 20. Vicky’s second video.
  21. 21. California Legislation Overview Illinois: Equal Pay Compliance Certification 5. How often wages and benefits are evaluated and the approach the business takes in determining wages and benefits (e.g, wage survey, performance) The power of Payscale’s combined data, services and software support your fair pay framework across the compensation cycle.
  22. 22. California Legislation Overview What do we know so far? • Who: employers with 100+ employees AND private employers with 100+ employees hired through labor contractors • What: submit a pay data report to the California Dept. Of Fair Employment & Housing • When: on or before 2nd Wednesday of May each year • Proposed Penalties: • 1st offense: civil penalty of $100/employee on an employer who fails to file the report • 2nd offense: $200/employee for subsequent violations • Other Interesting Proposals: • 2025: publish 1000+ employees • 2026: publish 500+ employees • 2027: publish 250+ employees
  23. 23. How to prepare for pay reporting
  24. 24. 24 Whatever reporting you undertake will ultimately reflect your compensation practices!
  25. 25. Poll Question 2: What is preventing you from reaching your fair pay goals? (select all that apply) A. Leadership is unconvinced in the merits of pay fairness B. There is concern of legal risk in conducting pay equity analysis C. We don't have organized job architecture pay structures (e.g., job based ranges) D. We don’t have the governance in place to ensure sustainable fair pay E. Nothing - We're satisfied with our fair compensation practices
  26. 26. How to create fair compensation practices • Make sustainable fair pay a reality by committing to build transparent and consistent pay practices • Have a compensation philosophy that embeds fair pay • Understand the relevant factors that impact pay and make this part of your compensation philosophy • Ensure you have the job architecture and pay structures that allow for appropriate comparisons between group of employees • Implement pay frameworks that are reviewed regularly and ensure governance to these to ensure consistent application • Conduct proactive pay analysis
  27. 27. Join 300+ Employers in Making the Commitment to Talk About Fair Pay https://www.payscale.com/why-payscale/lets-talk-fair-pay/
  28. 28. Q&A Feel free to ask any questions in the chat!

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