Deadline is May 10, 2023

As previously reported, effective January 1, 2023, Senate Bill (SB) 1162 requires California employers of 100 or more employees and/or 100 or more workers hired through labor contractors (i.e., staffing or temp agencies) to report annual pay and hours-worked data by job category, sex, race, and ethnicity to the Civil Rights Department (CRD) by the second Wednesday of every May (moved from the prior annual reporting date of March).

The pay data reporting is intended to self-assess and self-correct pay disparities along gender, racial, and ethnic lines. The reports also allow CRD to enforce more efficiently equal pay or Fair Employment and Housing Act (FEHA) anti-discrimination laws.

As of 2023, the mandatory pay data reporting program:

• Applies to private employers with 100 or more full-time or part-time payroll employees nationwide and/or 100 or more workers hired through labor contractors (i.e., staffing agencies) who have at least one California employee. For example, an employer with 50 full-time payroll employees inside California and 50 part-time employees outside of California during the reporting year must file;
• Requires reporting on those employees who either work in California or who are located outside California and are assigned to a California establishment;
• Requires compiling and reporting detailed data elements, such as job categories, race/ethnicity, sex, and mean and median hourly rates;
• Requires online reporting exclusively via the CRD's Pay Data Reporting Portal;
• Eliminates the option to submit a federal EEO-1 report to CRD in satisfaction of state pay data reporting requirement; and
• Authorizes CRD to penalize employers that fail to timely file their pay data reports and labor contractors that fail to provide the necessary data to their client employers.

CRD has published extensive FAQs and other guidance to assist employers with the new detailed filing procedure.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:

• Age Discrimination: Employee's Suspicion Not Enough - Older Workers Needs More Than Her Belief of Unequal Treatment (March 10, 2023)
• Disorder Insurance - Workplace Policy Handbook & Forms for 2023: Rule One: Rules (March 2, 2023)
• Tracking Down Discrimination - EEOC 2020 Report Retaliation, Disability Claims Predominate (April 19, 2021)

Cindy Bamforth
April 6, 2023