As we have previously reported, private employers with 100 or more employees with at least one employee in California are required to submit to the California Civil Rights Department (CRD) pay data reports covering their California employees for the previous calendar year. The reports for 2022 pay data are due on May 10, 2023. As a result of Senate Bill 1162, beginning this year, covered employers that use labor contractors are required to submit a Labor Contractor Employee Report that covers workers hired through labor contractors in the prior calendar year.
On April 14, 2023, the CRD announced in its Frequently Asked Questions that beginning April 18, 2023, it would accept “enforcement deferral requests” from employers for their Labor Contractor Employee Reports. For the CRD to consider the request, employers must be registered with the CRD’s online pay data reporting portal and can only submit requests through the electronic portal. The CRD will not consider requests submitted through any other method, such as by phone or email. Once registered in the portal, the employer can fill out and submit a request form by May 10, 2023. Once the enforcement deferral request is granted by the CRD, employers would have until July 10, 2023, to submit their Labor Contractor Employee Reports.
It is important to note that covered employers must still report all required pay data for their own employees who are not employed through labor contractors by May 10, 2023. Please contact the California Legal Services team at CAinfo@employerscouncil.org if your organization has any questions about its California pay data reporting obligations.