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California Pay Data Reporting Portal Opens February 1, 2022

2022-01-27

Pay Data Reports must be filed by April 1, 2022

On February 1, 2022 new versions of the California Pay Data Reporting portal, user guide, template, and other resources will be published by the California Department of Fair Employment and Housing (DFEH).  On April 1, 2022, all 2021 Pay Data Reports are due.

History

Senate Bill 973 was enacted on September 30, 2021 and authorizes “DFEH to receive, investigation, conciliate, mediate, and prosecute complaints alleging practices unlawful under those discriminatory wage rate provisions.”  The bill requires on or before March 31 of each year, a private employer with 100+ employees to file an annual pay data report to DFEH that identifies pay and hours-worked data by establishment, job category, sex, race, and ethnicity.

Covered in the report are all payroll employees, including full-time, part-time, temporary, on leave, and remoted workers, but excludes 1099 independent contractors.  Employees working outside of California count when considering the 100+ threshold even though the company only has to report on employees working in the state.  It gets complicated because employees who work outside of California or who are remote but report into California are considered California employees for reporting purposes. 

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.