Certain employers are now required to report pay and other data to the California Department of Fair Employment and Housing (DFEH). Employers must file their report by March 31, 2021, and annually thereafter. Below is a list of key information about this new requirement, including which employers will be impacted, what information will be required, and how to file.
Who Is Impacted?
Even if your company is not physically located in California, you still may be impacted by this requirement. Employers meeting all three of the following criteria are required to file:
- Have at least one California employee. This includes employees working in California, including teleworking from a California residence, or reporting to California, such as an employee teleworking from Nevada but reporting to a manager or worksite in California.
- Have 100 or more U.S. employees.
- Required to file a Federal EEO-1 Report.
What Information Is Required?
California’s Pay Data Report is designed to mimic the EEOC’s former EEO-1 Component 2 report, with slight differences. Employers are required to submit data for the reporting year, which is the previous calendar year.
- The number of employees by race, ethnicity, and sex in each of the following ten job categories: Executive or Senior Level Officials and Managers; First or Mid-Level Officials and Managers; Professionals; Technicians; Sales Workers; Administrative Support Workers; Craft Workers; Operatives; Laborers and Helpers; and Service Workers. Note that California offers a nonbinary sex option whereas the Component 2 report accepted only male and female.
- The number of employees by race, ethnicity, and sex, whose annual earnings fall within each of the pay bands used by the United States Bureau of Labor Statistics in the Occupational Employment Statistics survey. Employers who previously filed Component 2 reports will recall that earnings were reported from Box 1 of the employee’s W-2 form. The California report will use Box 5 instead.
- The total number of hours worked by each employee counted in each pay band during the Reporting Year. Like the Component 2 report, hours may be proxied for exempt employees whose time was not tracked. Unlike Component 2, hours reported to California will include time off hours (e.g. vacation and sick) for which the employee was paid by the employer.
- The Reporting Year, the dates of the Snapshot Period selected by the employer, the report type (establishment report or consolidated report), and the total number of reports being submitted by the employer.
- The employer’s name, address, headquarters’ address (if different), EIN, NAICS code, Duns and Bradstreet number, number of employees inside and outside of California, number of establishments inside and outside of California, and whether the employer is a California state contractor. If applicable, the name and address of the employer’s parent company or parent companies.
- For a multiple-establishment employer’s establishment reports, the establishment’s name, address, number of employees, and major activity.
- For a multiple-establishment employer’s consolidated report, the names and addresses of the establishments covered by the consolidated report.
- A certification that the information contained in the pay data report is accurate and prepared in accordance with Government Code section 12999 and DFEH’s instructions, and the name, title, signature, and date of signature of the certifying official.
- The name, title, address, phone number, and email address of someone who can be contacted about the report.
How Do I File?
Employers are encouraged to visit the DFEH website as new information continues to be added. HR Works will continue to monitor updates closely, and current Affirmative Action clients may reach out to their project manager at 585-381-8340 with questions.
HR Works Can Help
HR Works offers California Pay Data Reporting Services to help employers meet this new requirement. This service is available to any employer, even if they are not currently an HR Works Affirmative Action client.
