Private employers of 100 or more employees and/or 100 or more workers hired through labor contractors must annually report pay, demographic, and other workforce data to the California Civil Rights Department (“CRD”). This year, those reports are due by May 8, 2024.

On February 1, 2024, CRD updated its “Frequently Asked Questions” and published “Important Announcements” for the current reporting year. Below are the highlights of what is new this year:

• CRD has updated its pay data templates, user guide, training slides, and portal, all of which are available at calcivilrights.ca.gov/paydatareporting. The portal will reject submissions using outdated versions of the templates – so employers should not use last year’s pay data report as a template.
• For the first time, employers must report whether employees worked remotely during the snapshot period. A remote worker is defined as “a payroll or labor contractor employee who is entirely remote, teleworking, or home-based, and has no expectation to regularly report in person to a physical establishment to perform work duties.” It does not include employees who work “hybrid” schedules (that is, some on-site work, and some remote work).
• For Labor Contractor Employee Reports, reporting “unknown” race/ethnicity or sex of a labor contractor employee is no longer permitted.

Read the new guidance, as well as the rest of the Frequently Asked Questions, here. Find the pay data reporting portal, templates, examples, and CRD User Guide, here. CRD’s training slides with an overview of the pay data program and filing requirements are available here.

As always, reach out to your favorite Shaw Law Group attorney if you have any questions or concerns.