Covered employers with 100 or more employees with at least one employee in California must file 2021 pay data with the California Department of Fair Employment and Housing (DFEH) by April 1, 2022.
What Information Is Required?
Employers must report on their workforce by choosing a single pay period or “snapshot period” from the fourth quarter of 2021.
The date submission must provide the number of employees by race, ethnicity, and sex in each of the 10 EEO-1 job categories and within each of the pay bands used by the U.S. Bureau of Labor Statistics (BLS) Occupational Employment Statistics classifications.
Of note, the report must be certified by a company official. An official of the employer must certify that the employer’s report is accurate and was prepared in accordance with DFEH’s instructions. The designated official must:
- Have knowledge of the information contained in the report or obtain such information from someone with knowledge of the data contained in the report.
- Review the report and certify its accuracy.
- Be authorized to file the report on behalf of the employer.
Employers can review detailed filing instructions including how to access the filing portal in the DFEH’s updated user guide.
How To File?
Covered California employers that must submit pay data can access the state’s reporting portal, user guide and FAQs through the DFEH website. Current HR Works Affirmative Action clients may reach out to their Project Manager at 585-381-8340 with questions.
Next Steps for Employers
The DFEH will not be offering deferrals or filing extensions, so covered employers should ensure that they have the data they need for submission of the report and that it is filed timely. The DFEH has updated reference materials, such as the user guide, for the 2021 reporting year to assist with compliance. Employers are encouraged to review said materials prior to filing.
Employer subject to this requirement are also required to file EEO-1 Component 1 data (the number of employees who work for a covered business sorted by job category, race, ethnicity, and gender) with the Equal Employment Opportunity Commission. Unlike, the state’s pay data reporting requirement, the EEO-1 report does not currently require the submission of pay data. The 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on Tuesday, April 12th, 2022. The tentative deadline to file the 2021 EEO-1 Component 1 Report is Tuesday, May 17th, 2022. Employers can get additional guidance on EEO-1 reporting by clicking here.
How HR Works Can Help
HR Works offers California Pay Data Reporting and EEO-1 Reporting Data Reporting Services to help employers meet this new requirement. This service is available to any employer, even if they are not currently an HR Works Affirmative Action client. Contact us at 1-877-219-9062 for additional information.