Under California law, private employers of 100 or more employees—and/or 100 or more workers hired through labor contractors—are required to annually report pay, demographic, and other workforce data to the CRD. Employers must use the California Pay Data Reporting online portal to submit their annual reports to CRD.
The California Civil Rights Division (CRD) issued updated FAQs and the following important information about the 2023 pay data reporting year:
- Updated Resources. New versions of the pay data reporting Excel templates, .CSV examples, user guide, training slides, and portal. Some key details:
- Employers are not to use Excel templates or .CSV examples from prior years; the portal will reject submissions based on outdated versions of the templates.
- The CRD updated the portal and templates to improve user experience. For example, in the Excel template, a user can hover their cursor on a column heading to see relevant instructions.
- Training about the pay data program and filing requirements.
- New data fields. Employers must newly report whether employees worked remotely during the Snapshot Period. For more information, see FAQs:
- “Who is a ‘remote worker’ in a pay data report?”
- “If an employee who was remote the first six months of the year transitioned to a hybrid or in-person role during the second six months of the year, should the employee be reported in a pay data report as a remote worker?”
- Race, ethnicity, sex. For Labor Contractor Employee Reports, reporting “unknown” race/ethnicity or sex of a labor contractor employee is no longer permitted. For more information, see Part V.B of the FAQs.
- Deadline. Pay data reports covering the 2023 Reporting Year are due by Wednesday, May 8, 2024.
- Changes made in 2023 remain in effect, including:
- Labor contractor worker reporting: In addition to the Payroll Employee Report that all private employers with 100 or more employees (with at least one employee based in California) must file, under the law, private employers with 100 or more workers hired through labor contractors in the prior calendar year (with at least one worker based in California) must file a separate Labor Contractor Employee Report that covers workers hired through labor contractors in the prior calendar year. An employer submitting a Labor Contractor Employee Report submits one report that covers labor contractor workers at all the employer’s establishments. Labor contractor(s) must give the required data and information to the employer for the report and employers must identify the labor contractors. For more information about Labor Contractor Employee Reports, see Parts II, IV, and V of the FAQs, among others.
- Mean and median rates: The law requires employers to calculate and report the mean and median hourly rate of its payroll employees and/or labor contractor employees, by establishment, pay band, job category, race/ethnicity, and sex. There are columns in the Excel template and .CSV example for this and for more information about calculating the mean and median hourly rates, see Part V of the FAQs.
- Increased penalties for nonfilers: Failure to file may incur penalties and the CRD is actively pursuing non-filers. For more information, see FAQ “What are the penalties for employers that fail to file?”
- Report only California workers: In a pay data report, employers must report on their workers assigned to California establishments and/or working within California. Employers may not report on workers who are working outside of California and assigned to an establishment outside of California. For more information, see, for example, FAQ “Should an employer’s Payroll Employee Report include only their California employees or all employees?”
- Aggregate results: In 2024, the CRD plans to publish aggregate results from the 2022 Reporting Year and employers are encouraged to review these results, as well as to assess their own pay data reports and pay practices, in light of California’s anti-discrimination and equal pay laws.
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