Pursuant to California Government Code Section 12999, employers of 100 or more employees must submit pay and hours worked data to the Department of Fair Employment and Housing (DFEH) by establishment, job category, sex, race, and ethnicity. The deadline to do so is March 31, 2021, and annually on or before every March 31 thereafter. In enacting this legislation, the Legislature aims to further the state’s goal of achieving equal pay for women and people of color.
The reporting requirement is applicable to “a private employer that has 100 or more employees and who is required to file an annual Employer Information Report (EEO-1) pursuant to federal law.” An employee is “an individual on an employer’s payroll, including a part-time individual, whom the employer is required to include in an EEO-1 Report.”
Employers are to choose a single pay period between October 1 and December 31 of each reporting year (known as a “snapshot” period) that counts all of the employees in each job category by race, ethnicity, and sex. Examples of submissions can be found here: https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/01/CA-Pay-Data-Reporting-User-Guide.pdf (pp. 10-14).
To assist with such compliance, the DFEH has created a portal through which employers are to submit their data (https://www.dfeh.ca.gov/paydatareporting/).