Pay Data Reporting Deadlines

Pay data reporting deadlines are just around the bend. Is your company required to report your pay data to the Civil Rights Department (CRD) and/or the Equal Employment Opportunity Commission (EEOC)?

California law requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the CRD.

For 2024, the deadlines for 2023 data are as follows:

• California’s CRD: May 8, 2024
• Federal EEOC: June 4, 2024

California’s CRD has some important announcements for upcoming reporting. Key updates include:

• New versions of the pay data reporting Excel templates, CSV examples, user guide, training slides, and portal are available at: calcivilrights.ca.gov/paydatareporting.
• Frequently Asked Questions can be found here
• In 2023 the Pay Transparency Act in California (SB 1162) also added the following requirements:
  • Employers with 100 or more workers hired through labor contractors in the prior calendar year (with at least one worker based in California) must file a separate Labor Contractor Employee Report that covers workers hired through labor contractors in the prior calendar year.
  • Employers must additionally calculate and report mean and median hourly rates.
  • The bill also increased penalties for non-compliance, up to $100 per employee for any employer who fails to file the required report, and up to $200 per employee for subsequent failures.

Need a refresher on coverage and requirements? Keep reading below!

Coverage and Requirements

Criteria / Requirements	Civil Rights Department (CRD)	Equal Employment Opportunity Commission (EEOC)
Which employers are required to submit a report?	All private employers with 100 or more employees and/or 100 or more workers hired through labor contractors.	All private employers with 100 or more employees, with some exclusions--or-- All federal contractors with 50 or more employees that have a contract amounting to $50K with the federal government, with some exclusions
What about when multiple entities are affiliated with one another?(Even if your company has fewer than 100 employees, you could still be required to report pay data if your company is affiliated with another company such that your company and the other entity constitute an integrated enterprise and together have 100 or more employees.)	“Multiple entities may constitute a single employer for the purposes of pay data reporting if they constitute an “integrated enterprise”. The four-factor integrated enterprise test includes consideration of interrelation of operations, common management, centralized control of labor relations, and common ownership or financial control.”	“If the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise.”
What is the upcoming deadline?	For 2023 reporting year – May 8, 2024Going forward, the second Wednesday of each May	For 2023 reporting year – June 4, 2024. The portal will not open until April 30, 2024.The deadline is not consistent from year to year, updates are posted on https://www.eeocdata.org/eeo1
Where can I find the pay data reporting portal?	https://pdr.calcivilrights.ca.gov/s/ Employers may register at any time and immediately start submitting their data.	https://eeocdata.org/eeo1/signinNew users are required to create an individual user account to access the EEO-1 Component 1 Online Filing System (OFS). This can be done by visiting the URL above and selecting “Create an Account.” After logging in, an employer can register a new company by selecting “Add Company to List” on the Your Company List page. Users should have the Company Name, Headquarters Address, and Employer Identification Number (EIN) available to complete the New Company Registration process.

 

Why is Reporting Required?

The purpose is to ensure employers are paying people fairly based on their skills and contributions, and not discriminating based on race, ethnicity or sex. The report consists of a “snapshot” of one pay period of pay data identifying the number of employees by race, ethnicity, and sex who work in different job categories. The employer may choose any one pay period between October 1 and December 31 of the prior year.

How Do We Gather Information?

The CRD states: “employee self-identification is the preferred method of identifying race/ethnicity information. If an employee declines to state their race/ethnicity, employers must still report the employee according to one of the seven race/ethnicity categories, using (in the following order): current employment records, other reliable records or information, or observer perception. CRD recognizes the risk of inaccurate racial identification based on observer perception alone; this method should only be used after making a good faith effort to obtain race/ethnicity information from the employee or from other reliable records.”

Yes, you read that correctly. The CRD says that the last resort to obtain this information is through observer perception (meaning make your best guess) yikes! Here is a sample form for employees to voluntarily self-identify.

Need Assistance?

If you need assistance with the process of compiling and performing the required calculations in preparing to submit your pay data reports, the best bet is to consult with an employment law attorney. View CEA’s attorney partners.

CEA is here to answer our members’ general questions related to information about pay data reports. Call us at 800-399-5331 or email at ceainfo@employers.org.

There are many nuances related to both the CRD and EEOC (EEO-1) reporting. Please visit the CRD FAQs and/or the EEO-1 home page to learn more about pay data reporting requirements.