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Little Known Exemption in the VETS Regulations Makes 2018 Filing Easier

OutSolve

Employers can now use the 12/31/17 data for both EEO-1 and VETS-4212 2018 filing

Even though employers will still have to file the EEO-1 and the VETS-4212 reports in 2018 at different times of the year, they can now use the same data for both reports. The EEO-1 report must be filed by 3/31/18 whereas the VETS-4212 report has to be filed between 8/1 – 9/31/18.

Addressing a commenters recommendation that VETS allow contractors the flexibility to choose a payroll period aligning with the EEO-1 report, VETS declined to modify the Final Rule. However, “VETS believes that contractors should be able to choose a date common to both reports given there is a two-month period common to both reports.” For 2017, as in all previous years, the VETS-4212 has to be filed by September 30th using employment data for any pay period from July 1st through September 30th and using employment data for the 12-month period preceding the date selected.

For 2018, contractors can fall back on the exemption identified in the Final Rule which states “Contractors that use December 31 as the ending date for the EEO-1 Report are permitted to use that date as the ending date for the 12-month reporting period for the VETS-4212 Report.” Therefore, for the 2018 filing, contractors may pull one single data snapshot as of December 31, 2017 for reporting on both EEO-1 and VETS- 4212 reports. If you select this easier option, then the employment data for the 12-month period would be for the 2017 calendar year (1/1/17 – 12/31/17).

See excerpt here:

Annual Report From Federal Contractors [9/25/2014] [Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)] [Rules and Regulations] [Pages 57463-57476] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2014-22818]

Paragraph (b) requires that VETS-4212 Reports must be filed between August 1 and September 30 of each year following a calendar year in which a contractor held a contract. One commenter recommended that VETS allow contractors flexibility to choose a payroll period aligning with the EEO-1 Report to file their VETS-4212 Reports. VETS respectfully declines to modify the Final Rule to allow contractors to choose a payroll period aligning with the EEO-1 reporting date. VETS believes that contractors should be able to choose a date common to both reports given there is a two-month period common to both reports. The EEO-1 Report must be filed no later than September 30, using employment figures for any pay period from July 1 through September 30. The filing period for the VETS-4212 Report is from August 1 to September 30, using employment data for the 12-month period preceding a date in the current year between July 1 and August 31 that represents the end of payroll period. Accordingly, contractors should be able to file both reports timely, using data from any pay period between July 1 and August 31, without difficulty.\3\

\3\ Contractors that use December 31 as the ending date for the EEO-1 Report are permitted to use that date as the ending date for the 12-month reporting period for the VETS-4212 Report.

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