Reminder: California Pay Data Reporting is Due by May 8, 2024
Reminder: California Pay Data Reporting is Due by May 8, 2024

Most private employers with at least 100 employees and federal contractors with at least 50 employees are aware of federal job pay data reporting requirements. Specifically, these employers are required to provide to the Equal Employment Opportunity Commission (EEOC) an EEO-1 Component 1 report that provides employee data from the prior year by employee job category, as well as sex and race/ethnicity. However, these employers may not be aware that California has additional pay data annual reporting requirements which exceed those set forth in the EEO-1 Component 1 Report.

California’s pay data reporting requirements apply to all employers with 100 or more employees, provided the employer has at least one employee living or working in California. Employers with multiple establishments in California will need to submit a report for each establishment, which is defined as “an economic unit producing goods or services.” Separate submissions are also required for employers who used the services of a labor contractor for 100 or more employees in the prior year.

California’s pay data reporting must be submitted to the Civil Rights Department (formerly the Department of Fair Employment and Housing) and must include:

1. The number of employees by race, ethnicity, and sex in each of the following job categories: executive or senior level officials and managers; mid-level managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers;

2. The number of employees by race, ethnicity, and sex, whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics;

3. The median and mean hourly rate for each combination of race, ethnicity and sex within each job category; and

4. The total number of hours worked by each employee in each pay band during the reporting year.

To establish the numbers required for the report, employers are instructed to create a “snapshot” that counts all of the individuals in each job category by race, ethnicity, and sex, employed during a single pay period of the employer’s choice between October 1 and December 31 of the reporting year. Annual earnings must be calculated using the Internal Revenue Service Form W-2 for each employee in the selected pay period for the entire reporting year, regardless of whether or not an employee worked for the full calendar year.

California pay data reports for 2023 are due May 8, 2024. To facilitate the reporting, the CRD provides a portal, templates, a user guide, training, templates and a frequently asked questions page on its website. Pay data reporting results are also available from the CRD.

The reporting window to submit the 2023 EEO-1 Component 1 Report to the EEOC will open April 30, 2024. These reports must be submitted no later than June 4, 2024. All updates regarding the 2023 EEO-1 Component 1 data collection will be posted to as they become available. The 2023 EEO-1 Component 1 Instruction Booklet and the 2023 Data File Upload Specifications are now available. The EEO-1 Component 1 online Filer Support Message Center (i.e., filer help desk) will be available on April 30, 2024, to assist filers with any questions they may have regarding the 2023 collection.

This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP. It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked. So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again. This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing. No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits). But feel free to contact us with your questions and comments—who knows, we might even answer you. And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry). Big news: Copyright 2023. All rights reserved; yep, all of them.

If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it. If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department.


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