Global Pay Data
Reporting Guide
Global Pay Data Reporting Guide
Introduction
Global pay data reporting requirements are complex and varied, depending on organization size, sector, and location. As the world enters a new era of pay transparency, the EU's Pay Transparency Directive is set to shape the future of global pay data reporting and closing the gender pay gap.
Why is this important? Closing the gender pay gap can boost the world's economy by about 7% - or $7 trillion, according to Moody's Analytics, but at the current rate that will take another 132 years.
Globally, pay equity legislation is gaining momentum as a growing number of countries acknowledge the importance of pay equity. More countries are passing laws which require employers to provide pay data and report on their compensation strategies. Global pay data reporting demonstrates a clear commitment to equal pay and inclusion in your organization.
In this guide we explore trends in global pay data reporting, highlight pay data reporting requirements in key jurisdictions, examine the impact of the EU Pay Transparency Directive, and provide strategies to create a proactive approach to pay equity and enable your organization to stay ahead in the evolving landscape of global pay data reporting.
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Pay data reporting trends
Growing transparency
Numerous countries require employers to provide pay data and information on pay practices, including information on pay gaps. The EU Pay Transparency Directive, which we examine below, is the most comprehensive and groundbreaking. The UK introduced pay gap reporting in 2017 and is now moving towards ethnicity pay gap reporting. In the US, a growing number of states are expanding pay transparency legislation. There is also the introduction of bill HR 1599 which calls for a US national pay transparency standard underscoring the global trend to pay equity.
Pay equity audits
An increasing number of countries, including Australia, Iceland, France, and parts of the US promote or mandate pay equity audits, to identify and rectify wage disparities.
Greater risk of non-compliance
Governments are increasing their efforts to enforce pay equity laws and implementing penalties for employers that do not comply. These include publicly publishing information on pay gaps, as well as imposing penalties for noncompliance. Spanish employers, for example, can face penalties of up to €187,000 (approximately US $204,205) for noncompliance.
Expanding Protected Classes
Pay equity laws are being expanded to include protections for race, age, and disability. The US Human Rights Commission has called for more pay data to identify pay discrimination in the LGBTQIA+ community. In a groundbreaking move, the EU Pay Transparency Directive includes pay data reporting on non-binary people, and incorporates gender-neutral language and an intersectional lens.
A shift towards pay transparency
US states including California, Illinois, and New York have passed laws that require employers to disclose salary ranges and pay scales to promote fair pay.
Global pay data reporting in key jurisdictions
In this section we have included summaries of pay data reporting in some key jurisdictions. Specific legal and compliance details are available in our Pay Equity Definitive Guide (available at the end of this document).
Pay data reporting: key points from the EU transparency directive
One of the most significant shifts in pay data reporting is the EU Pay Transparency Directive which came into force on June 6th, 2023, and affects every EU Member State and organizations with operations in those countries.
EU member states have until 7 June 2026 to transpose its provisions into their national laws.
The EU Pay Transparency Directive includes measures related to pay transparency, pay data reporting, applicable reporting entities, and enforcement and penalty mechanisms. In addition, it encompasses measures related to the intersection between pay equity and the GDPR, as well as procedural requirements related to enforcement, such as the shifting of the burden of proof.
Key elements of the EU pay transparency directive
As the impact of the EU's Pay Transparency Directive is so far reaching and may form the basis for future global pay data reporting, we have included key elements directly affecting pay data reporting here.
Definition
The EU Pay Transparency Directive uses the wider term of "worker" versus "employee," to create a broad and inclusive range of people. This definition includes independent contractors, agency workers, job applicants, part-time and full-time employees. It also extends to ""domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, workers in sheltered employment, trainees and apprentices," provided they meet the relevant criteria.
Pay data reporting
Mandatory pay gap reporting is required as follows by all member states:
- Year 1: Employers with 250+ workers: gender pay gaps must be reported publicly annually, beginning one year after the legislation is incorporated by the Member State
- Year 2: Employers with 150-249 workers: gender pay gaps to be reported one year after legislation is incorporated by the member state, and every 3 years thereafter
- Year 6: Employers with 100-149 workers: gender pay gaps to be reported five years after incorporation by Member State, and every 3 years thereafter
By 2026, all large employers must report gender pay gaps.
By 2031, all smaller employers (100 or more employees) will have to comply.
- First reports in all 27 member states for employers with 150+ employees are due 6 June 2027, based on 2026 calendar year data
- Employers with 250+ employees will need to submit this report annually thereafter
- Employers with 150-249 employees will need to submit every three years thereafter
For employers with 100-149 employees, the first report will be due 5 June 2031, with subsequent reports due every three years thereafter.
EU pay transparency directive pay reporting & pay transparency
- Employers will have to publicly report on the gender pay gap (differing requirements apply depending on the size of the organization)
- Where a gender pay gap of 5% or more exists, which cannot be justified on the basis of objective gender-neutral factors, employers must carry out a Joint Pay Assessment. This will have a significant impact on EU Member States where the pay gap is an average of 12.7%.
- Anyone who has been negatively affected by pay disparities and pay discrimination will have the right to compensation, including full recovery of back pay and related bonuses or benefits of any kind, with no cap on compensation
- "Pay" means salary or minimum wage and any other consideration (cash or in-kind) (complementary or variable components)
- The burden of proof will shift to the employer to prove that there has been no pay discrimination in the event of court action
- Member states will also be required to impose fines for employers in breach of the Directive
Member states with existing pay equity mechanisms in places must ensure compliance with the new legislation.
Additional points to consider:
- Employers must provide information about the pay level of their job listings prior to interview
- Employers cannot ask job applicants for information on their salary history
- All employees can request information on their individual and average pay levels, categorized by gender, for workers doing the same work or work of equal value
- Employees will have access to the criteria used to define salary and pay raises, which must be objective and gender-neutral
Adopting proactive pay equity measures
Benefits of proactive pay equity measures
Pay data reporting is more than just a legal requirement. Pay transparency and pay equity is evolving into a global movement. Companies that prioritize and adopt pay equity are:
- 1.6 times more likely to meet or exceed financial targets
- 2.1 times more likely to attract the talent their business needs, and
- 1.7 times more likely to innovate effectively
Research from Josh Bersin found that while 71% of business leaders see pay equity as a "critical component" of their talent and business strategies, only 5% are "truly excellent" at pay equity.
Include salaries in all job listings: In the US, the clearest indication of a gradual shift towards pay transparency and the impact of legislation can be seen in job listings. Growing numbers of employers are including salary ranges in job listings. Over 40% of job postings on job site Indeed include salary information. That figure represents a rise of 137% in the past three years and includes areas without pay transparency legislation.
Employers that exclude wage ranges in job postings risk being left behind in the race for talent. 6 in 10 job seekers cite the inclusion of pay ranges on job listings as the most important factor in their decision to apply. Research also shows that two-thirds of workers would change jobs to work for an employer with greater pay transparency.
Pay equity best practices
Follow pay equity best practices and pay data reporting to create an effective compliance roadmap and a more inclusive working environment.
Understand the pay data and pay equity legislation applying to the states and regions your company operates within. Partnering with a company like Trusaic ensures you not only stay up to date but comply with the increasingly complex pay equity laws.
Evaluate your current situation with a pay equity audit: A pay equity audit is the only way to identify existing pay disparities within your organization. One way to do this is by using software like PayParity® which conducts a pay equity audit at the intersection of factors such as gender, race/ethnicity, age, disability and more. The results of the audit identify risk areas for remediation and pay gaps within every employee group, and at every level in your organization.
Evaluate pay analysis groups: Create groups of employees performing similar work to make pay comparisons. This step involves identifying statistically significant pay differences within your employee groupings. Conducting a regression analysis on each pay group, enables employers to determine whether apparent gender and race pay gaps exist for reasons beyond legitimate business factors, such as differences of skill, effort, and responsibility.
Quantify risk: After accounting for business factors, the next step is to identify remaining pay disparities across gender and race/ethnicity. These pay differences are potential pay discrimination liabilities. The pay equity audit will allow you to view these potential liabilities from multiple perspectives. For example, in terms of their statistical significance, their implications for overall annual compensation at the workforce level, the individual employee level, and at a variety of steps in between.
Validate your findings: There are at least five dimensions through which a pay equity audit will assess the accuracy of any pay disparities found. A key tool here is to make cohort comparisons. This compares smaller employee groups, while focusing on one or two legitimate business factors that those employees have in common. For example, a cohort comparison could measure an average gender pay difference among employees in the same job level and department. By performing multiple comparisons, employers can understand and analyze how well supported the regression-based pay disparity findings are.
Identify the root causes of pay inequity: What commonalities exist among those most affected by the pay disparity? How do disparities vary across time, location, and organizational level? The answers to these questions will assist your organization in identifying causes of pay disparities, not just symptoms. Multiple issues can influence your organization's pay equity. For instance, certain groups of employees may not have equal access to jobs or promotions, and cannot progress to higher roles. Recruiting and hiring policies must be equal and consistent for all employees and job applicants. Pay equity software can help employers identify factors such as unconscious bias, or processes that may be affecting, or causing, pay disparities.
Develop remediation strategies: Your pay equity audit should allow you to explore different strategies for addressing these risks that balance both cost and effectiveness.
Develop a compensation strategy with clear criteria: Identifying your pay disparities is the first step in shaping your compensation strategy. A compensation philosophy is a statement about two things: what your company is trying to achieve through employee compensation, such as workplace equality, and how you intend to achieve that.
Include your employees in the conversation: Your employees must also be part of the conversation around pay equity. You cannot have pay equity if your employees do not agree that you have pay equity. If a pay equity audit suggests your organization has no pay equity issues but your employees disagree, your company has a perception gap. A good way to gain their critical insights is to carry out a sentiment survey. According to Gartner only one-third of employees believe their pay is equitable, and less than one-third believe they are fairly compensated for their work.
Make your pay explainable: Pay transparency requires more than a "one size fits all" approach. For many organizations, this might mean going back to basics. Analyze your salary range and compensation, to break down and justify each element. For example, is the base salary competitive and commensurate with employee skills? To break it down into further detail, is the base salary competitive for the work required, the skills of the individual employee, and their performance against their objectives? Employers must also be ready to explain how they differentiate and define performance in setting base salaries.
Select equitable pay ranges: To comply with pay transparency laws, employers must choose fair and equitable pay ranges for all job listings. That involves integrating market data with the outcome of internal pay equity audits. A pay equity software solution like Salary Range Finder can help to determine competitive and fair salary ranges by overlaying internal pay equity audit data with that of external labor market data provided by LightcastTM. Fair salary ranges are instantly determined for your job listings by combining the two data points.
Monitor progress: If pay disparities by gender and/or race are identified, pay equity audits will allow you to monitor those pay differences over time. If compensation adjustments have been made, ongoing monitoring can monitor progress and avoid a recurrence of similar pay disparities. It also enables your organization to identify demographic changes in your workforce that can affect gender and race pay disparities.
Set aside an appropriate budget: Research from Josh Bersin found that only 14% of organizations set aside an appropriate budget and staff to mitigate pay inequities. Equally, only 14% use data and equity platforms to identify pay disparities. As global pay equity laws become more complex, investment in a robust pay transparency policy will be key to both compliance and your organization's ability to attract and retain talent, and achieve financial goals.
Create a compliance roadmap: Partnering with a pay equity software provider helps employers to develop a clear roadmap to meet complex reporting requirements and understand and stay up to date with compliance deadlines which are constantly evolving.
Ensure GDPR Compliance: Trusaic is GDPR compliant and can assist any organization in any EU state in meeting its obligations under both the EU Corporate Sustainability Reporting Directive and the EU Pay Transparency Directive.
Stay ahead of the changing landscape of global pay data reporting
Proactive organizations can take the following steps to stay ahead of global pay data reporting requirements.
Consider expanding employee definition and job categories: To align with the EU's broader definition of "worker".
Ensure full intersectional reporting: The EU Pay Transparency Directive gender pay gap reporting now includes provision for non-binary workers to prevent pay discrimination. In the US, pressure is on employers to provide fuller pay gap reporting on marginalized communities, including LGBTQIA+ and people of color.
Expand the "workforce snapshot period" and pay data reporting criteria: A longer "snapshot period" would give a deeper insight into potential pay discrimination, including in the US and the UK. Extending the criteria for reporting would also provide more insight. For instance, companies complying with the EU pay data reporting requirements will have to report on the following six principal areas:
- Gender pay gap by worker categories or ordinary basic salary
- Gender gap in complementary or variable components (base pay and bonuses, additional compensations etc)
- Median gender pay gap
- Median gender gap in complementary or variable components
- Proportion of female and male Workers receiving complementary or variable components
- Proportion of female and male Workers in each quartile pay band
Consider a self-imposed gender pay gap threshold for action: EU employers will be required by law to act when the gender pay gap exceeds 5%.
Prepare for HR 1599 in the US: The proposed Salary Transparency Act would amend the Fair Labor Standards Act (FLSA) to require covered employers to disclose the "wage range" for both public and internal open job postings. Wage ranges would be required to be disclosed to job applicants and existing employees request the pay scale for their current role. Violations of the Salary Transparency Act would risk a civil penalty of $5,000 for a first violation, increasing incrementally by $1,000 for subsequent violations, and capped at $10,000 per violation.
Prepare for EEO1 - Component 2: US Employers
Suggestions have been made that EEO1 Component Reporting may be reintroduced in 2023. In terms of additional pay data reporting, EEO-1 Component 2 would require organizations to provide:
- A breakdown of hours worked
- Pay information from Box 1 of employee W-2s (also by ethnicity, race, and sex)
The goal of EEO-1 Component 2 was to assist the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs (OFCCP) to identify potential pay disparities and discrimination and encourage companies to proactively close the gender pay gap.
Prepare for wider legislation relating to AI
As debate continues over the ethical uses of artificial intelligence, employers should be aware of the following and its impact on pay equity and pay data reporting:
EEOC Title VII guidance: EEOC Title VII prohibits discrimination in the workplace based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity) or national origin. The new technical assistance guidance contains implications for employers regarding potential "disparate impact" or "adverse impact" cases, and discrimination which could violate employment law relating to the use of AI, including pay equity.
EU AI Act? On May 11th, 2023, the EU adopted a draft negotiating mandate on the "first ever rules for Artificial Intelligence." If passed, it will become the world's first Artificial Intelligence Act to impose transparency requirements on AI-decision making. Its aim is to promote transparency and reduce risk. Like the Pay Transparency Directive, it seems highly probable that the EU will lead the way in creating a blueprint for legislation on the use of AI, which could extend to areas of pay equity.
Conclusion
There's more to adopting a culture of pay equity than ensuring compliance with pay data reporting and pay transparency legislation. It provides a springboard for best-in-class, forward-thinking organizations to create a more open, inclusive, and positive workplace culture, attract more talent, enhance your brand reputation and in doing so, rebuild connections and employee trust.
Partner with a pay equity software provider:
Working with a pay equity specialist:
- Allows your company to continuously evaluate your progress on pay transparency, whether that is on a monthly or quarterly basis, after making a series of new hires or layoffs, and when you are asked a question about pay transparency by an employee
- Delivers up-to-date information on your pay equity status. Employers can also be confident that analytics reflect your current situation by offering real-time results
- Offers more accurate and rapid results than manual analyses, which are often out of date before they are complete
- Offers multidimensional analysis, rather than binary, and accounts for intersectionality, i.e., an ability to analyze factors such as race/ethnicity, gender, age, and disability, simultaneously
- Ensures compliance with EEOC Title VII guidance. The EEOC made it clear that employers cannot delegate responsibility for discrimination to a third party software provider, nor rely on their vendor's assurance that its software complies with EEOC Title VII. If your pay equity software violates workplace laws you, as an employer, may be held liable
- Enable you to stay up to date, and comply, with complex and evolving pay data reporting requirements
Lead the way in fair pay.
Know what you file before you file
Stay ahead of global pay data reporting requirements with analytics that give you greater visibility and insight into your employee pay data. Our proactive equal pay risk assessment can identify potential pay discrimination, differences in overtime participation, and discrepancies in job category representations to make you aware of potential issues before you file.
At Trusaic, we will help you analyze, prepare, and file your pay data with:
- Comprehensive pay gap analysis
- Pay gap significance test
- Wage distribution analysis
- Equal pay risk assessment
- Expert results interpretation
- Expert guidance for including remarks in your submission
- Expert remediation strategy recommendations
- Comply and file timely reporting on EU Pay Transparency Directive
- Comply with EOC Title VII (US)
Schedule a meeting with one of our pay equity experts
For more specific detail on pay equity legislation download our Definitive Guide to Pay Equity 2023
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