Employers with 100 or more employees, with at least one California employee, must file their 2023 Pay Data Report with California’s Civil Rights Department (CRD) by May 8, 2024. Companies that fail to submit their report on time may be penalized up to $100 per worker, with penalties increasing to $200 per worker for subsequent failures to report. Fortunately, the CRD’s Pay Data Reporting webpage is user-friendly and offers a variety of resources to help employers comply with their obligations.

High Level

• Deadline: May 8, 2024 deadline to file 2023 Pay Data Report via the Pay Data Reporting Portal.
• No extensions will be granted.
• Reporting Requirement: Reporting requirement applies to employers with 100 or more employees and/or 100 or more workers through labor contractors, at least one of whom is a California employee. Even if the vast majority of employees are not in California, the employer is still required to file an annual Pay Data Report.
• Resources Available: CRD’s Pay Data Reporting webpage includes helpful FAQs, templates, and samples.
• Penalties: Failure to submit a report may result in civil penalties up to $100-$200 per employee.

2023 Updates

Since 2021, employers with more than 100 employees, at least one of whom is a California employee, have been required to submit an annual pay data report that includes pay, demographic, and workforce data.  As we previously reported, California’s original pay data law was expanded by 2022 amendments to include more detailed reporting requirements. 2023 Updates to the data reporting requirements include:

1. Remote Worker Data:

a. Employers must report (i) the number of employees that do not work remotely; (ii) the number of employees located in California; and (iii) the number of remote employees outside of California who report to a California workplace.

b. “Remote worker” does not include employees who work a hybrid or partial schedule and are expected to report to a workplace in-person on a regular basis.

2. Labor Contractor Employees’ Demographics

​​​​​a. Employers may not list labor contractor employees’ race or ethnicity as “unknown.” Rather, employers must obtain this information from the contractor.

b. Previously, employers were allowed to claim “unknown” in certain cases.

CRD’s Webpage and Resources

As noted above, the CRD’s Pay Data Reporting webpage offers a variety of resources to help employers comply with their obligations, including:

• User Guide (Important information to assist with using the portal)
• Excel Templates (Templates for collecting and submitting data)
• CSV Templates (Sample submissions)
• FAQs
• Pay Data Reporting Results (Statewide reporting results from the past few years)
• Reply to Notice and/or Submit Pay Data Related Questions (Tech support page)
• Pay Data in the News (Related news items)
• Training Slides (Training on pay data reporting and procedures)

Employers who visit the webpage and still have questions about their reporting obligations should contact their Gunderson attorney for assistance.