Who must submit?
Private employers with 100 or more employees, regardless of location or whether they are full-time, with at least one employee based in California must submit this report.
What must be submitted?
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Wage data on employees in each EEO-1 Category by sex, race, and ethnicity using W-2 information. Wage data must be reported within 12 pay bands.
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Median and mean hourly rate for each combination of race, ethnicity, and sex, within each of the 10 EEO-1 job categories.
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Hours worked during the reporting year for each of these employees.
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A separate report must be submitted on persons hired through “labor contractors.” A labor contractor is defined as an “individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business.” The report on persons hired through labor contractors must include the same information as the report on regular employees.
Who must be included in the report?
All California employees and employees who report to a California establishment must be included in the report.
Updates to California’s Pay Data Reporting
In September of 2022, changes to California pay data reporting were signed into law.
- Employers with multiple establishments are now required to submit a report covering each establishment instead of a consolidated report.
- Employers must report on median and mean wages within each EEO-1 category.
- Employers must report on persons hired through “labor contractors.”
- The deadline for submitting the California Pay Report was moved from March 31 to the second Wednesday in May.
- Courts can impose civil penalties not exceeding $100 per employee for the first failure to file a report and not exceeding $200 per employee for subsequent failures to file a report.
- If a company fails to file a complete and accurate report because a labor organization failed to provide them with the required pay scale information, the law states that an “appropriate amount of penalties” will be applied to the labor organization for failure to provide such information.
Our Consulting Services
We assist our clients in complying with the California Pay Data Reporting Law and other state-specific requirements. While some of the requirements in the California Law are new, we have been filing California Pay Data Reports since the original law, took effect. We can file this report on behalf of your organization and conduct pay equity analyses to help predict what the Civil Rights Department of California may find in your pay data.
