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).

If you have questions about what SB 973 requires or would like to discuss how to prepare for this annual pay data reporting—or even options for assistance with report preparation, analysis, and submission—please contact a Jackson Lewis attorney to discuss.

Jackson Lewis attorneys will continue to monitor California’s pay data reporting and other pay equity issues.

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Photo of Christopher T. Patrick Christopher T. Patrick

Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.

Chris partners with employers on practical solutions to ensure…

Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.

Chris partners with employers on practical solutions to ensure equal employment opportunity (EEO), including counseling on affirmative action, pay equity and transparency, and diversity. In short, Chris develops actionable strategies under privilege that identify and eliminate unseen barriers to EEO in personnel practices—often informed by trends in employee data.

Photo of Susan E. Groff Susan E. Groff

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 and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying…

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 and is Co-Leader of the California Advice and Counsel Resource Group.

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

She also counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations, reductions in force, and discipline and termination questions. Ms. Groff further conducts training and seminars on employment related issues, including sexual harassment prevention training.

Furthermore, Ms. Groff has extensive experience exclusively representing employers in labor and employment disputes. She has defended employers in employment litigation, including actions involving sexual harassment, discrimination on the basis of sex, age, race, religion, and disability, wrongful termination, and wage and hour matters, including class actions. Ms. Groff has litigated matters from inception through the appellate stage before California state and federal courts and represents employers in proceedings before state and federal administrative agencies and tribunals.