California Pay Data Reporting: New Web Page and 10 FAQs for Employers That Report to the DFEH Friday, February 5, 2021
On September 30, 2020, California Governor Gavin Newsom signed into law a pay data reporting requirement for employers that assigns responsibility for collecting such data to the California Department of Fair Employment and Housing (DFEH). To assist employers with this filing requirement, the DFEH recently established a web page and published answers to a a series of frequently asked questions (FAQs) that address several topics related to the upcoming filings, which are due no later than March 31, 2021. The DFEH published its FAQs in four waves, publishing the first on November 2, 2020, and the most recent on February 1, 2021. The FAQs answer several important questions, including: which employers are subject to the filing requirement; how employees in and out of California are treated for purposes of determining filing jurisdiction; and which emplo
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On February 1, 2021, the California Department of Fair Employment and Housing (DFEH) posted a User Guide, Excel template, and .CSV example to facilitate the submission of the newly required pay data report (Pay Data Report) by March 31, 2021 and annually thereafter. The DFEH also added and updated answers to frequently asked questions (FAQs) multiple times in January and February. All this indicates that the DFEH is on track to collect Pay Data Reports by the deadline and clarifies related requirements and procedures.
The User Guide contains an overview of the content of the Pay Data Report and the Portal that will be used to upload those Reports, as well as detailed instructions for creating and certifying a Pay Data Report. The appendices to the User Guide, the Excel template, and .CSV example provide instructions and examples for completing the Pay Data Report in various formats. The new FAQs provide helpful
portal User Guide, Excel Template and an example of a data submission.
Of note, the template and user guides break down the structure of the pay data reports and provide reporting examples to assist employers with the piecemeal clarifications released thus far. While the portal itself will not be available until February 16, 2021, the user guide also provides screen shots and detailed instructions about functionality and use of the portal.
As Seyfarth
reported, the DFEH previously released rounds of
FAQs addressing threshold issues regarding who must file pay data reports, which employees the reports must include, and, more recently, how the DFEH will define hours worked and methodologies for determining an employee’s pay, among other questions. The FAQs highlight a number of departures from the previous EEO-1 Component 2 reporting requirements. Some notable differences include:
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Author(s): Christoph Langner
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