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, investigate, 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 remote 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.

OutSolve Resources

• • • • California’s DFEH Issues FAQs on Pay Data Report - posted December 2, 2020

      • California Senate Bill 973 - posted October 2, 2020

      • California Pay Data Report - services provided

OutSolve’s Take

Companies may need to re-evaluate their filing methodology from last year if they have had an increase in remote or teleworking employees that may impact whether the employer and/or employee are covered. If you would like assistance with your filing, please contact your OutSolve Consultant or OutSolve directly at 888-414-2410 or by email at info@outsolve.com.