October 19, 2021

Volume XI, Number 292

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October 18, 2021

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California Announces Pay Data Reporting Portal Will Open by February 15, 2021

California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline.  When SB 973 was passed in September, DFEH had six months to develop and implement a data collection system that could accomplish the task.  It is delivering.  DFEH issued its first guidance on November 2 and released more FAQs on November 23.  And now, DFEH has again released new FAQs and updated its pay data reporting website.

According to the DFEH, the User Guide and Template are anticipated to be available on February 1, 2021.  In addition, the Data Submission Portal will be available on February 15, 2021.  The new FAQs also cover these, and other, important topics:

  • What pay to include in the report (the value reported in the Box 5 of the employee’s W-2, reflecting “Medicare wages and tips”);

  • What to do if the company issues a corrected W-2 (update the pay data report with the state);

  • Whether it report should include paid time off in the hours worked calculation (it should);

  • How to calculate hours worked for exempt employees (either actual hours worked or number of days worked multiplied by the average number of hours worked per day).

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 13
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About this Author

Christopher T. Patrick employment lawyer Jackson Lewis
Principal

Christopher T. Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. His practice focuses equal employment opportunity, including proactive pay equity analyses, compliance with regulations promulgated by the Office of Federal Contracts Compliance Programs (OFCCP), statistical analyses of potential discrimination in employment practices, and defending employment practices in OFCCP audits and investigations.

While attending law school, Mr. Patrick served as on the Editorial Board for The Journal for the National Association of...

303-876-2202
Susan E. Groff, Jackson Lewis, disability accommodation lawyer, protected absence attorney
Principal

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues.

Ms. Groff advises employers on complying with federal and California requirements for disability accommodation and protected leaves of absence.

In addition, Ms. Groff counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations,...

213-689-0404
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