September 18, 2021

Volume XI, Number 261

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New March 2021 Reporting Deadline for California Employers

Private companies with 100+ employees (and with at least one California-based employee) must report Equal Employment Opportunity (EEO) pay and other data to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021, and annually thereafter. This requirement flows from California Senate Bill 973, enacted on September 30, 2020. The DFEH has provided additional information, sample forms and a place to submit the data here.

An extension on this deadline may be possible. The DFEH has recognized that some companies may not be in a position to report their first year’s data in a timely manner because of the pandemic or other extraordinary factors. Employers can request a deferral of enforcement on the March 31, 2021, submission deadline if they are unable to meet the March 31, 2021, deadline because of: (1) lost records because of flood, fire or other natural disaster; (2) severe economic hardship; or (3) reporting requires technology or infrastructure changes. To request an extension, the employer must directly submit a request for deferral prior to the March 31, 2021, deadline (an employer’s representative like a professional employer organization (PEO) cannot be the one to submit, and the employer must submit directly), using the online form located here.

Employers will need the following information to fill out the form:

  • Employer name

  • Federal Employer Identification Number

  • CA State Employer Identification Number

  • Address

  • City

  • State

  • Zip Code

  • Reason you are unable to report in a timely manner

  • Explanation (providing detail on the reason selected above)

  • Requestor’s information (name, title, work phone, email)

Any extensions granted by the DFEH will provide the employer through April 30, 2021, to file its report with the DFEH.

For more information on the reporting requirement, including requesting an extension, the DFEH’s FAQs can be found here.

© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 67
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About this Author

Maria Rodriguez Employment Lawyer McDermott Will Emery Law Firm
Partner

Maria C. Rodriguez advises US and international corporations with regard to employment law compliance and mergers and acquisitions; and defends employment cases and class action litigation. She is a trusted advisor to clients helping them avoid or resolve disputes and protect resources through proactive and strategic planning. She is experienced working with clients in the sports, media and entertainment, technology, food and restaurant, airline, transportation and distribution, health care and fashion industries.

 

She advises on and defends against class, collective,...

310-788-1586
Michelle S. Strowhiro
Partner

Michelle S. Strowhiro is an employment advisor and litigator. She provides trusted counsel to US and international companies on all aspects of employment law compliance. Michelle partners with clients to establish and maintain their strong and lawful employment policies and practices; manage their employee relationships from hire to termination; conduct workplace investigations; administer leaves and other workplace accommodations; and resolve disputes. She provides manager and employee trainings on management and sexual harassment. She regularly prepares and negotiates...

310-788-1571
Partner

Yesenia M. Gallegos focuses her labor and employment practice on a wide range of matters, including restrictive covenants, wage and hour law, discrimination and harassment claims, executive employment agreements, leaves of absence, employee terminations and reductions in force. Yesenia represents employers in employment litigation—including class actions—pending in both state and federal court. She also represents employers in actions against former employees in trade-secret and embezzlement actions that require immediate restraining orders, injunctions and/or liens.

310-788-4199
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