As was the case in 2021, private employers of 100 or more employees (with at least one employee in California) must report certain pay and other data to the Department of Fair Employment and Housing (DFEH) by March 31. Read more.
Per the California Pay Data Reporting FAQs:
Under Government Code section 12999(a), “a private employer that has 100 or more employees and who is required to file an annual Employer Information Report (EEO-1) pursuant to federal law shall submit a pay data report to” DFEH.
An employer has the requisite number of employees if the employer either employed 100 or more employees in the Snapshot Period chosen by the employer or regularly employed 100 or more employees during the Reporting Year.
- “Regularly employed 100 or more employees during the Reporting Year” means employed 100 or more individuals on a regular basis during the Reporting Year.
- “Regular basis” refers to the nature of a business that is recurring, rather than constant.
For example, in an industry that typically has a three-month season during a calendar year, an employer that employed 100 or more employees during that season regularly employed the requisite number of employees and would be required to file a pay data report to DFEH, if the employer is also required to file an EEO-1 Report. For more information, see Cal. Code Regs., tit. 2, §§ 11008(d)(1) & 11008(d)(1)(A).
If you believe that you have a responsibility to file this report, please email reports@gslate.com to obtain your 2021 payroll data. Employers must file this report directly with the state and account for all employees from commonly owned entities, including entities that GreenSlate may not have payroll data for.
This information in this communication is general in nature, and is not intended, nor should it be construed, as legal, accounting, tax or other professional advice rendered by GreenSlate, LLC. The reader should contact his or her attorney, CPA, or tax professional prior to taking any action based upon this information.
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