Reminder: California’s SB 973 March 31 Pay Data Reporting Deadline

Fenwick & West LLP

Fenwick & West LLP

Scores of California employers are putting the finishing touches on their pay data reports in light of the March 31, 2021 Department of Fair Employment and Housing (DFEH) filing deadline. However, there is good news for employers who may need more time to compile their reports.

As we noted in our October 2020 employment law updates alert and our January 2021 annual employment law update presentation, the California legislature passed SB 973, which requires that California private employers with 100 or more employees, and who are required to file an annual EEO-1 report under federal law, file a pay data report with the DFEH by March 31, 2021, and every March 31 thereafter. 

The DFEH has released an FAQ stating that if an employer needs to request a deferral period to file its report after the March 31, 2021 deadline, it can fill out the DFEH’s online request form before the deadline. However, the DFEH will not consider requests submitted through any other method, nor requests submitted by a third party, such as a Professional Employer Organization, on behalf of an employer. If an employer is granted an “enforcement deferral period,” the employer will have through April 30, 2021 to file the report. 

For more information regarding SB 973, please review our alert and presentation, or visit the DFEH’s website.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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