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2022 Means California Employers Should Re-Schedule DFEH Wage Data Reporting | CDF Labor Law LLP


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The new year has begun, and California employers with 100 or more employees should prepare for the annual submission of wage data to the Department of Fair Employment and Housing (DFEH). The deadline is March 31, 2022, and extensions are less likely than last year.

2022 is the second year that California employers with 100 or more employees and at least one employee in California are required to file parallel reports to the EEO-1 salary data reports from the Equal Employment Opportunity Commission (EEOC). The statutory objective is to have employers themselves assess pay disparities based on gender, race and ethnicity in order to encourage voluntary compliance with equal pay laws and the struggle against discrimination.

Employers can visit California Payroll Data Reporting Page for links to the California Reporting Portal, User Guide, Template, and FAQs. As discussed in our previous Blog, Covered Employers must report payroll and hours worked data by location, job category, pay bracket, gender, race and ethnicity. The 100 employee benchmark is measured by an “instant period”, a single pay period between October 1 and December 31 of the previous year, or the regular employment of 100 or more employees in the previous year. This number includes part-time workers, workers on paid or unpaid leave, on leave or other leave authorized by the employer. Independent contractors should not be included unless there are issues of misclassification.

While the pandemic has attracted unprecedented numbers of teleworkers, employers should keep in mind that some of the remote workers, despite having a non-California address, may still count towards the 100 employee test. Don’t assume that out-of-state employees are not part of the equation. For employers with locations outside of California that have remote workers located in California, those employees count towards the 100 employee test even though they cannot be assigned to a location in California.

As a reminder, the report will include:

  1. The number of employees by race, ethnicity and gender, during the snapshot period.
  2. The number of employees by race, ethnicity, and gender, whose annual earnings fall within each of the salary ranges used by the United States Bureau of Labor Statistics.
  3. The total number of hours worked by each employee plus paid time off (such as paid sick leave and statutory holidays).
  4. A certification that the information in the payroll data report is accurate and prepared in accordance with section 12999 of the Government Code and the instructions of the DFEH, as well as the name, title, signature and date of signature of the certification officer.
  5. The name, title, address, phone number, and email address of a person who can be contacted about the report.
  6. A certification that the information in the payroll data report is accurate and prepared in accordance with section 12999 of the Government Code and the instructions of the DFEH, as well as the name, title, signature and date of signature of the certification officer.
  7. The name, title, address, phone number, and email address of a person who can be contacted about the report.

For employers who submitted their EEO-1 salary data report to the EEOC in November, the DFEH system looks like the EEOC system, so you may have already compiled some of the information. However, the requirements for the EEO-1 declaration are not the same as those for the DFEH declaration.

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