Part I

In the modern business landscape, midsize enterprises face an ever-growing complexity in HR compliance. With a myriad of federal and local laws to adhere to, these businesses can’t afford to rely on outdated, paper-based processes. The right HR compliance software and self-service technology become essential, offering automation of data flow, insightful reporting, legislative updates, employee empowerment, and scalability. As compliance requirements evolve, so must an organization’s HR technology, adapting to new guidelines and challenges to sustain success.

EEO Reporting:
A Cornerstone of Compliance

A critical aspect of HR compliance is adhering to the Equal Employment Opportunity Commission (EEOC) reporting requirements. Employers with more than 100 employees, and federal contractors with lower thresholds, must submit data about gender and race/ethnicity.

EEO-1

The EEO-1 Component 1 data collection, for instance, is an annual mandatory requirement that assists in enforcing federal laws against employment discrimination. This data, while confidential, is legally also used for research and self-assessment by employers as long as it is not released to the public. The deadline for the 2022 EEO-1 Component 1 report was Dec. 5, 2023. Employers who missed this deadline had until Jan. 9 to comply. This “Failure to File” deadline is not just a formality but a critical compliance juncture. Post this date, non-compliance would mean employers are at risk of violating federal mandates.

The EEO-1 is applicable to private employers, including corporations, partnerships and LLCs with 100 or more employees. It also applies to federal contractors with 50 or more employees and a contract of $50,000 or more.

EEO-3 and EEO-4

Moving on to the EEO-3 (Local Union Report) and EEO-4 (State and Local Government Information Report), we observe a similar pattern of deadlines and compliance requirements. The 2022 EEO-3 collection is closed and no longer taking submissions. Meanwhile, the 2023 EEO-4 data collection has also closed, with a deadline of Jan. 9, just like the EEO-1 report.

The EEO-3 report is applicable to labor unions and labor organizations. The filing requirement is required for labor unions with 100 or more members.

The EEO-4 is applicable to state and local governments, including public school districts and higher education institutions. The filing requirement applies to those with 15 or more employees.

EEO-5

The EEO-5 (Elementary-Secondary Staff Information Report) cycle for 2022 has concluded. This mandatory biennial data collection, focusing on public school systems and districts, underscores the EEOC’s commitment to ensuring diversity and equitable employment practices across various sectors, including education.

EEO-5 is applicable to public elementary and secondary school districts. The filing requirement applies to districts with 100 or more employees.

Conclusion

In this first part of our comprehensive exploration of HR compliance for midsize businesses, we have covered the importance of HR compliance software and self-service technology, along with a deep dive into EEO reporting and its critical role in upholding compliance standards. As we’ve seen, staying abreast of these evolving requirements is not just a legal necessity but a strategic imperative for business growth and sustainability.

However, our journey into the complex world of HR compliance doesn’t end here. To get a complete rundown of the various aspects of compliance that midsize businesses must navigate, including FMLA compliance, the WARN Act, FSLA standards, COBRA compliance, and Gag Clauses, stay tuned for Parts 2 and 3 of this series. Also, make sure you submitted your gag clause filings before December 31, 2023 in order to avoid the $100 per day fee. These segments will provide further insights and practical advice, ensuring your business remains compliant, efficient and ready for future challenges.

For more insights on HR compliance for businesses with 20 or more employees, visit Cosmo Insurance Agency’s dedicated blog series at cosmoins.com/counting-for-compliance-understanding-federal-employment-laws-by-employer-size.

Mark Herschlag, the founder and CEO of Cosmo Insurance Agency, specializes in providing personalized insurance solutions. For more information, call (201) 817-1388 or email [email protected].