As readers may know, California requires private employers with 100 or more employees and/or workers hired through labor contractors to provide salary, demographic, and other information. Requires annual reporting of workforce data to the Civil Rights Division (“CRD”).
The CRD has announced the following “important announcements” regarding changes to reporting requirements this year.
- New data fields for remote workers: Employers must provide information regarding the scope of an employee's remote work during a “snapshot period” (i.e., a single pay period selected by the employer between October 1 and December 31, 2023). must be reported. Specifically, CRD added her three new report fields. (1) Number of remote employees located within California. (2) Number of remote employees located outside of California. (3) Number of employees not working remotely. For the purposes of this report, CRD defines “remote worker” as:[a] Payroll or contractor employees who are fully remote, telecommuted, or telecommuted and are not expected to regularly travel in person to a physical facility to perform their duties. ” Therefore, hybrid employees are not considered “remote” for these purposes.
- Labor Contractor Employee Report Race, Ethnicity, and Gender: Reporting “unknown” race/ethnicity or gender for labor contractors is no longer permitted. According to the CRD, employee self-identification is the preferred method of identifying race/ethnicity and gender information. However, if an employee declines to state their gender or voluntarily provides their race/ethnicity, the employer may use current employment records, other reliable records or information, or observers' perceptions. must be reported. If the reporting entity must rely on the observer's perception, the CRD encourages this to be identified through clear statements (e.g. “race/ethnicity”) [number] Individuals within this group are reported based on observer perception. ”)
- Submission Deadline: Report submission deadline is May 8, 2024. Unlike last year's reporting period, CRD does not appear to be accepting or granting requests for postponement of paid reporting submissions.
Employers are encouraged to use this year's report template and refer to the latest user guide available here. California employers can also refer to CRD's updated FAQs. and/or consult an attorney by the May 8, 2024 deadline.
[View source.]