THE LAW FIRM FOR EMPLOYERS
Compliance Matters TM
California Employers Need to File Pay Data Reports by March 31, 2021
Certain private employers in California are now required to submit an annual pay data report to the California Department of Fair Employment and Housing (DFEH) with specific pay data information by race, ethnicity and gender for their employees. The Pay Data Report is due by March 31, 2021. This new requirement applies to private employers that have 100 or more employees and are already required to file annual Employer Information (EEO-1) Reports under federal law. The DFEH's Pay Data Reporting Portal through which employers are to submit their reports is now live, and can be found here.

The DFEH has also posted FAQs, and an extensive user guide describing how the data is supposed to be submitted, including templates to help employers submit the report. According to these guides, the pay data report will be finalized as a line-by-line report using the provided templates (either in Excel or CSV) or manual entry, depending on the employer’s preference. Section One will include overall company information, such as the total number of U.S. and California employees and establishments. Section Two will include information about each establishment and the employee detail within each. Then, for each establishment, the employer will be required to enter a separate line indicating the number of employees falling into each of the possible 2,520 combinations of job category, pay band, and race/ethnicity/sex. The DFEH has reiterated in this new guidance that employers’ pay data reporting information will not be made public.

If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at www.brgslaw.com.

Sincerely,
Richard S. Rosenberg
Katherine A. Hren
Stephanie B. Kantor
Ballard Rosenberg Golper & Savitt, LLP 
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