• Kevin Cleveland

Update: DFEH Pay Reporting Requirements

This is a reminder for all employers, and it updates the year-end reviews which I did with regards to Department of Fair Employment and Housing (DFEH) pay reporting requirements:

The DFEH requires employers with 100 or more employees to report pay and hours worked by establishment, job category, sex, race, and ethnicity. The filing deadline has now been set for March 31, 2021. Also, the DFEH updated their prior advice that submitting an EEO-1 report would be sufficient. Below is the updated FAQ, indicating that submitting an EEO-1 Report will not be sufficient because the EEOC is not currently collecting pay information. The DFEH portal to submit your data and a step by step guide and thorough FAQ can be found at: https://www.dfeh.ca.gov/paydatareporting/. Please reach out if you have any questions.

From the DFEH:

“May an employer submit a federal EEO-1 Report to DFEH to satisfy its obligation under Government Code section 12999?

(11/23/2020; updated 01/15/2021) Yes, but only if the EEO-1 Report “contain[s] the same or substantially similar pay data information required” by Government Code section 12999. Gov. Code § 12999(g). Because the EEO-1 survey is not collecting pay data at this time, no EEO-1 Report filed with the EEOC for Reporting Year 2020 will satisfy this standard.

Some employers have inquired whether they are permitted to submit reports to DFEH using the scripts/programs they developed for the EEO-1 Component 2 collection from 2017 and 2018. DFEH has endeavored to build a reporting system that closely resembles the EEO-1 Component 2 collection in order to ease burden on employers. However, as explained in these FAQs, the California requirements differ in certain ways from the EEO-1 Component 2 collection from 2017 and 2018. Therefore, employers must use DFEH’s template or the fillable form on DFEH’s portal to create and submit their reports.”

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