US State Employment Laws Effective as of January 2021 natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
As indicated
recently, California’s Pay Data Reporting Act requires all private-sector employers with 100 or more employees, with at least one employee in California, to report pay and hours worked by employees by race, ethnicity, and sex in ten different job categories to the Department of Fair Employment and Housing (“DFEH”) before the deadline: March 31, 2021. In enacting this legislation, the Legislature noted that hidden bias exists and is encouraging self-assessment of pay disparities along gendered, racial, and ethnic lines to encourage voluntary compliance with equal pay and anti-discrimination laws.
California employers can start reporting their data today when the DFEH’s Pay Reporting Portal opens. Employers should go to the
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:
[co-author: Crystal Miller-O Brien]
By any measure, 2020 presented novel, life-changing experiences for all of us. The resilience and focus required to endure the seemingly relentless wave of changes have helped to hone the skills of most workplaces and allowed them to pivot and survive.
In line with our hope that 2021 will afford a bit more stability and considerable success, here are some of the significant, non-COVID-19-related legal changes applicable to California employers that human resource professionals should be preparing to manage.
Annual Pay Data Reporting to DFEH (SB 973-Effective January 1, 2121, and Compliance Completion by March 31, 2021)
On or before March 31, 2021, private employers with 100 or more employees nationwide, with at least one employee performing work in California, must submit an annual pay data report to the Department of Fair Employment and Housing (DFEH). The report is similar to reports employers of the same size must file with the federal Equal