Reminder for California Employers: Pay Data Reports are Due May 10th!

California has put increasing obligations on California Employers. As a reminder, State law now requires private employers of 100 or more employees to annually report pay, demographic, and other workforce data to the Civil Rights Department (CRD), which has a website employers should use when reporting.

This new law, commonly referred to as the Pay Transparency and Reporting Law (SB1162), became effective January 1st, 2023, and amended California law in Section 12999 of the Government Code and Section 432.3 of the Labor Code.

The deadline for submitting the pay data report is May 10th, 2023. There are penalties for non-compliance including a $100 per employee penalty that could double if there are repeated failures to file.

If you need a deferral, act quickly. On April 18th, the CRD began accepting “enforcement deferral requests” from employers for Labor Contractor Employee Reports – these are reports that are required if your company utilizes Labor Contractors. The CRD will only consider and accept requests made by employers registered in the reporting portal. If approved, CRD will defer seeking an order of compliance for the employer to file its Labor Contractor Employee Report only until July 10th, 2023.

The CRD’s reporting portal, as well as guides, templates, examples, and FAQs, can be found on the CRD’s website: California Pay Data Reporting: https://calcivilrights.ca.gov/paydatareporting/

If you have questions about reporting obligations, or need assistance collecting, reconciling, and submitting your pay data, please contact our Labor and Employment department at 408.286.5800 or christine.long@berliner.com.