On September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill No. 973, which enacted Government Code Section 12999 authorizing California’s Department of Fair Employment and Housing (DFEH) to receive, investigate, mediate, and prosecute complaints of unfair and discriminatory pay practices, including violations of equal pay laws. Under this new law, private California employers with 100 or more employees must submit annual pay data reports to the DFEH by March 31, 2021 and annually thereafter. The DFEH online portal through which employers must submit their pay data reports is now live: https://www.dfeh.ca.gov/paydatareporting/
The California Pay Data Report requires an employer to group its employees by job category, pay band, race, ethnicity, and sex, and then report to DFEH the number of employees within each group and the total hours worked by the employees in that group, among other information. For employers with more than one establishment, employers must organize and report their data by establishment.
In addition to the online portal, DFEH’s pay data reporting homepage includes:
- A detailed user guide to the pay data reporting portal
- An Excel template for employers to create their reports, for employers choosing to use Excel
- An example report in .CSV format, for employers choosing to submit their report as a .CSV file
- Answers to frequently asked questions (FAQs), including guidance on which employers are required to file the reports, how to calculate employee pay and hours, and other topics.
The deadline to submit the pay data report is March 31, 2021. Contact Cabada & Hameed LLP if you need assistance in preparing the employer pay data report to the DFEH.