Florham Park partner Lynne Anderson was quoted in a SHRM article titled, “EEO-1 Pay Reporting, Overtime Rule May Be Repealed Following Trump Order.” The article discusses President Trump’s recent signing of executive orders that direct federal agencies to repeal two federal regulations for every new rule they issue.
Lynne noted that if the executive orders apply to the Equal Employment Opportunity Commission (EEOC), the revised EEO-1 form that requires employers to collect and report pay data to the EEOC by March 2018 may be identified for repeal. “It is unclear whether the executive orders apply to independent agencies, such as the EEOC,” Lynne explained.
Lynne noted, however, that repeal of the revised EEO-1 form would require a majority vote of the EEOC commissioners. The five-member EEOC currently has only four commissioners; one member is a Republican and voted against the new EEO-1 form, while the other three commissioners are Democrats. Former Chair Jenny Yang will step down when her term expires in July, and Trump will ultimately be able to appoint two Republican commissioners.
"But until then, it is unlikely that the current commissioners will act on recommendations to repeal and replace the recently finalized new EEO-1 form," she said.