April 15, 2021

Washington Wire: Deadline for EEO-1 Component 2 Data Submissions is September 30


Deadline for EEO-1 Component 2 Data Submissions is September 30  

On July 15, in response to a judge’s order, the Equal Employment Opportunity Commission (EEOC) opened its online filing system for Calendar Year (CY) 2017 and 2018 EEO-1 Component 2 data. The EEO-1 is an annual survey requiring all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, sub-contract or purchase order amounting to $50,000 or more to file the EEO-1 report. Originally, the EEO-1 form collected company employment data categorized by race/ethnicity, gender, and job category. In 2016, the Obama administration changed this EEO-1 reporting requirement into “Component 1” and added “Component 2,” which would include an employee’s W-2 compensation.
The Trump administration attempted to freeze the compensation reporting requirement under Component 2, only requiring employers to file the previously approved EEO-1 form data on race/ethnicity, gender, and job category (Component 1) by May 31. However, a federal judge ordered the Trump administration to move forward with the collection of Component 2 data.
Following the judge’s order, the EEOC contracted with NORC at the University of Chicago to conduct CY 2017 and 2018 EEO-1 Component 2 data collection. The URL for the collection portal is https://eeoccomp2.norc.org. Employers should have already received their User ID to log in from NORC via letter by mail or email to the registered EEO-1 email address on record. After logging into the portal, employers may file Component 2 data by either completing the online form or uploading their own data file. The due date for submitting CY 2017 and 2018 Component 2 data is September 30, 2019.



300,000 Public Comments Filed on Recognizing Industry-Recognized Apprenticeship Programs
At the end of August, the comment period closed on the Labor Department’s proposed rule under the National Apprenticeship Act (NAA) to establish a process for recognizing Standards Recognition Entities (SREs), which will in turn recognize Industry-Recognized Apprenticeship Programs (IRAPs). One Voice is supporting efforts to expand the use of apprenticeships, including allowing recognized industry associations to develop and certify apprenticeship programs to meet the specific needs of their member companies. While a majority of the 300,000 comments came out against the proposed rule, the building trade unions urged their members to send in form letters claiming allowing industry to develop and certify programs undermines their existing registered apprentice operations in place through their unions.
The proposed rule describes which entities may become SREs; outlines the responsibilities and requirements for SREs; and sets out how the Administrator of the Office of Apprenticeship will interact with SREs. The proposed rule also describes how Industry Programs would operate in parallel with the existing registered apprenticeship system. The Department states that its industry-led, market-driven approach provides essential flexibility to scale the apprenticeship model and address America’s skills gap. One Voice is working with the Labor Department on expanding access to apprenticeships and the IRAPs.



Justice Department Starts Investigation into Emissions Pact Between California and Automakers
On Friday, the Wall Street Journal reported the Justice Department opened an investigation into whether the emissions pact reached in July between four global automakers and the state of California violated federal competition law. This report coincided with news that the EPA and the Department of Transportation sent a letter to the California Air Resources Board (CARB) stating that the framework of this agreement with the automakers appears to be inconsistent with federal law. On July 25, after weeks of secret negotiations, automakers Ford Motor Co., Honda Motor Co. Ltd., Volkswagen AG, and BMW of North America LLC announced an agreement with the CARB to manufacture cars with stronger fuel economy and lower greenhouse gas (GHG) emissions standards than the Trump administration’s Safer and Affordable Fuel Economy (SAFE) rule expected in the coming days. In tandem, these moves more than suggest the Trump administration has decided to up the ante in its feud with California. This latest move by the Trump administration has already resulted in the German government advising Mercedes-Benz to delay joining the emissions pact.
As reported in a previous edition of Washington Wire, these four automakers and California announced this deal because of the fear the SAFE rule would result in a patchwork of regulations across the United States, compelling the automotive industry to sell completely different versions of automobiles depending the location. Under the agreement, the four automakers (about 30 percent of the U.S. auto market) are required to hit a fleetwide average of 51 miles per gallon (mpg) by model year (MY) 2026. While this is a significantly higher standard than the SAFE rule’s 37 mpg by MY 2026, it is looser than the original Obama standard of 54.5 mpg by MY 2025. In addition to increasing mpg, the agreement sets increasing year-over-year stringency standards for GHG emissions. Beginning with MY 2022, the automakers will need to reduce GHG emissions by an average rate 3.7 percent annually. This increasing stringency standard extends through to MY 2026, however, automakers can a use advanced technology multiplier credits for 1 percent of the 3.7 percent annual stringency rate. Also important to automakers, CARB agreed to remove a requirement to account for upstream emissions of fuels. Finally, the parties agreed to recognize California’s authority to set its own standards. Auto suppliers are seeking a uniform national standard the also incentivizes OEMs to continue sourcing new components and tooling to keep up with the latest fuel efficiency standards.



Input Sent on OSHA’s Lockout/Tagout Revisions
One Voice, along with coalition partners, filed comments with the Department of Labor regarding the request for industry information from the Occupational Safety and Health Administration’s (OSHA) on Lockout/Tagout (LOTO). Industry comments supported a long overdue update to the LOTO standards, however, cautioned against actions that would effectively make certain machines inoperable or significantly delay machine down time for tool and die changes without improving safety. Comments also urged the Department to consider how controlled circuit devices have improved operability and safety. OSHA updating the LOTO regs would mark the most significant changes in decades, potentially impacting general industry while attempting to address concerns over a smaller subset of manufacturing.



China Tariffs on List 3 Goods will Increase on October 1
In August, the Trump administration announced it will increase tariffs of Chinese goods appearing on List 3 from 25 percent to 30 percent effective October 1. This aligns with the September 30th date when the administration will also no longer accept exclusion requests for List 3 goods. In addition, the List 4A tariffs that took effect on largely consumer goods from China on September 1 applies at a 15 percent rate instead of the initially proposed 10 percent.