Feb. 8, 2021 Employers With 100+ Employees: Pay Data Reporting Deadline Coming Soon

We know you are incredibly busy managing COVID protocols in your workplace, but we wanted to remind you of an important pay equity reporting deadline that is just around the corner. 

By March 31, 2021, employers with 100 or more employees, including as few as one in California, must report pay and hours-worked data by establishment, job category, sex, race, and ethnicity to the Department of Fair Employment and Housing (DFEH). Reporting will be required annually thereafter.

Although the data collected will be similar to the federal Equal Employment Opportunity Commission (EEOC) annual Employer Information Report (EEO-1), there are several important differences in the California law, S.B. 973, that make reporting considerably more onerous. The DFEH is “endeavoring to create a system that closely resembles the EEOC’s system to the extent permitted by state statute,” but this will not be a simple cut-and-paste from any previous reporting your company has done.

Last week, the DFEH published a 68-page User Guide, an Excel Template with detailed (and complex) instructions, CSV Example, and updated its FAQs. The Pay Reporting Portal will be available on February 16, 2021. These resources are helpful, but the task is daunting for many employers and there are important strategic questions to consider. If you have questions or concerns regarding your obligations under this new statute, please contact one of our PPSC attorneys for assistance. We have developed a comprehensive white paper to assist our clients with this new reporting obligation.