CRD’s pay data reporting portal is now open as reporting deadline is approaching

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For the fourth year, the California Civil Rights Department (“CRD”, formerly the Department of Fair Employment and Housing) is requiring employers with 100 or more employees to report pay, demographic, and other workforce data for employees assigned to California establishments and/or working within California. Specifically, an employee count must be provided per establishment, pay band (based on W-2 Box 5 earnings), EEO-1 job category, and race/ethnicity and sex, as well as the mean and median hourly rates, and total hours worked. The data submitted must reflect a single pay period between October 1 and December 31 of the previous year (the “Snapshot Period”.)

This 2023 pay data is due by May 8, 2024. The data is submitted through CRD’s pay data portal. Filers should use the current template, as templates from previous years will be rejected by the system.

A few changes to the report from the last year include: a new data field was added for a count on “remote worker” employees during the Snapshot Period, and now labor contractors can no longer be reported with unknown race/ethnicity or sex. For these purposes, “remote worker” is defined as “A payroll or labor contractor employee who is entirely remote, teleworking, or home-based, and has no expectation to regularly report in person to a physical establishment to perform work duties; employees in hybrid roles or (partial) teleworking arrangements expected to appear in person to perform work at a particular establishment for any portion of time during the Snapshot Period would not be considered remote workers for pay data reporting purposes.” These changes and other important information are set forth in the CRD’s FAQ page.

Employers who do not comply are subject to penalties, up to $100 per employee and $200 per employee for a subsequent failure to file a required report. These penalties are also assessable against a labor contractor that failed to provide required pay data to a client employer in a timely fashion. The CRD is also entitled to recover its costs in any enforcement action against an employer.