CA Pay Data Reporting Coming- with 2024 Changes!


By: HR NETwork Inc

HR NETwork

We Put the Human Back
In Human Resources

California employers have three months to report last year’s pay data to the state.

Key Developments

  • The deadline to report your 2023 pay data is May 8, 2024. There is no deferral period this year.
  • The California Civil Rights Division (CRD) published updated FAQs for pay data reporting on February 1.
  • The agency also opened the portal for reporting on February 1.

Who Must File?

  • Private employers with 100 or more employees
  • A separate pay data report is required for labor contractor employees

What’s New?

The CRD made changes to the reporting templates, which require new or additional information than was required last year.

Remote Workers

Three new data fields were added to the reporting requirement to collect remote worker data:

  • The number of employees that do not work remotely;
  • The number of remote employees located in California;
  • The number of remote employees outside of California assigned to a California establishment.

For purposes of pay data reporting, “remote worker” is limited to employees who are entirely remote, teleworking, or home-based, and have no expectation to regularly report in person to a physical establishment to perform their work duties. Employees who work a hybrid schedule or partial teleworking arrangements where they are expected to regularly appear in person to perform work at a particular establishment for any portion of time during the Snapshot Period would not be considered remote workers for pay data reporting purposes.

Employers should use the Snapshot Period to determine whether an employee falls under the definition of “remote worker” for purposes of pay data reporting. For employees who may have been fully remote for part of the year but transitioned to a hybrid or in-office role for the other part of the year, whether they were a “remote worker” is determined by the Snapshot Period. If an employee was expected to report in person to a physical establishment during the Snapshot Period, whether or not they work remotely at other times of the year, the employee should not be reported as a remote worker.

Reporting “Unknown” for Demographic Information is No Longer Permitted

For the reporting year 2022, the CRD allowed employers to report “unknown” race/ethnicity for labor contractor employees in certain instances. This is no longer permitted. You will need to seek this information from your labor contractors in order to include it on the reports.

Penalties for Noncompliance

There are penalties for employers who fail to comply with the pay data reporting requirements. Penalties for non-filers include civil penalties of $100 per employee, with the penalties increasing to $200 per employee for a subsequent failure to file a required report. These penalties are also assessable against a labor contractor that has failed to provide required pay data to a client employer in a timely fashion.

1. Determine whether you need to file a Payroll Employee report or a Labor Contractor Employee report, even if you are based outside of California.

In addition to the Payroll Employee Report, a private employer with 100 or more workers hired through labor contractors in the prior calendar year (with at least one worker based in California) must file a separate Labor Contractor Employee Report that covers workers hired through labor contractors in the prior calendar year. A Labor Contractor is an individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business.

You should first review whether you will need to file a pay data report this year, either for payroll employees or labor contractors. Employers who did not file an Employee Payroll report last year based on having fewer than 100 employees should review whether your headcount has changed, which may require filing a report this year. In addition, review whether you have used 100 or more labor contractor employees (and at least one California employee), you many also be required to file a Labor Contractor Employee report.

Employers based outside of California with 100 or more employees who have even 1 employee in California are required to file a pay data report.

2. Identify your labor contractors and request the required labor contractor pay data report information.

You should identify your labor contractors and send out written communications to request the information needed to complete the Labor Contractor Employee report. While labor contractors are required to comply with these requests – and there are penalties for not doing so – the obligation to file the report falls on the employer using the labor contractors. Ensure your written request for information from labor contractors is sent out as soon as possible to allow them to timely gather the information, especially without the possibility of responding “unknown” for demographic information.

3. Prepare a plan for submitting your pay data report(s) before the May 8 deadline.

For our HR Department/Director clients, we will contact you regarding reporting requirements.

For all other clients, if you have 100/more employees and would like assistance or for HRN to complete the filing on your behalf, please contact us.

Genoveva Godoy-Thomas

Genoveva Godoy-Thomas joined HR NETwork in October of 2022. She was born in Guatemala, spent her formative years in Fairfax, Virginia and spent over 20 years living in Bethesda, Maryland. As a teen she spent her summers in Orange County where she currently resides. She has native fluency in both English and Spanish.

A seasoned human resource professional, having worked at Marriott International for 23 years in various Human Resources related roles in addition to working as a Human Resources manager/office manager for an Estate planning firm. She also holds a B.S. in Business Management and Human Resources Management from the University of Maryland.

Genoveva enjoys volunteering at First Tee golf photographing events, actively volunteering at her son and nieces’ school when needed. She loves to spend her time with her son enjoying the outdoors and teaching him to love and respect nature. 

Michelle Brubaker

Michelle Brubaker, the Business Manager of HR NETwork, has been with the company for 16 years. Joining the team as an HR Coordinator, she quickly worked her way up to Executive Assistant and on to her current role as Business Manager. Handling all things business-related including contracts and accounting, she is the unwavering support of HR NETwork.

Michelle has an impressive resume with almost 20 years of experience in supervising, managing, and motivating teams. Her strengths lie in building trust with her colleagues and clients, delivering results, and creating efficient processes to align with the company’s mission. Her passion and dedication have made her an integral part of the business.

She believes our clients are an extension of the HR NETwork family and genuinely loves assisting them. “It’s a great feeling knowing during critical times, we are able to put their minds at ease and hold their hands through them”.

Outside of work, Michelle enjoys travelling, country music and all things self-development. She has a fur baby named Buddy and loves being outdoors with him as well.

Shannon Martin

Shannon Martin, Senior Human Resource Professional brings over thirty years of human resources experience and expertise from Fortune 500 high-technology and service companies. Shannon has held both HR leadership and consulting roles. She has supported clients across a variety of industries including fiduciary services and investment management, consumer and real estate information, health care, beauty, and a large IT Infrastructure group.

Her scope of experience is broad and progressive and the disciplines she finds to be most rewarding are: Strategic Planning, Organizational Development Leadership Development, Change Management, Performance Management Coaching and Mediation & Conflict Resolution. 

Shannon has “hands-on” experience implementing mergers and acquisitions and building HR Departments. She has completed extensive coursework in communication and excels at building organizational processes that bring cohesion and engagement. She enjoys motivating and mentoring employees to help them achieve increased business performance.  

Shannon holds a Human Resource Management Certificate from UC Irvine.  She is a certified Senior Professional in Human Resources (SPHR).

Shannon considers herself an HR geek and finds reward when solving a challenge creatively. Shannon earned the Radio Rookie of The Year Award from KBPK, a college station. She also earned the Leadership Award presented by First American Trust Company. A cowgirl at heart, she loves being outside and working with animals of any kind.

Michelle Odell

Michelle Odell is currently a Talent Acquisition and Human Resources Manager with HR Network and has experience ranging from Recruiting, General HR, Employee Relations and Training.  She enjoys helping employees navigate through questions they may have with career development, understanding benefits, policies, or recruitment. 

Michelle has a Bachelor’s degree from California State University, Fullerton and majored in Psychology with an emphasis in Human Resources.  She spent some time away from HR Network to recruit for a company bringing them from 5 to 130+ employees.  She was happy to return to HR Network in 2019 and is enjoying being part of the team and learning about new laws and practices. 

Michelle was born and raised in California and has three children, three cats, two dogs, a McCaw, and a husband

Lee Anne Woods

The newest member of our team, Lee Anne Woods is an HR Administrator and has been with HR NETwork for 4 months. She previously worked in Human Resources in the mortgage and banking field, as well as doing secondary marketing for 10 years. Lee Anne decided to join HR NETwork when she realized how rewarding it is to be able to help clients navigate the crazy world of HR! “What I like about HR NETwork is how much we care about our clients, and how much we value learning and growing, so we may give them the most up to date information and trends out there!”

Lee Anne has a husband and two grown daughters. She enjoys travelling around the country and watching her daughters sporting events!

Lorraine Calder

Lorraine Calder has been an HR Manager at HR NETwork for 12 years. Since making a major movie from the UK to the US in 1997, she has enjoyed keeping up with the everchanging CA labor laws. She believes knowledge is a powerful tool to have, and is always happy to share her knowledge and experiences with our clients, along with the many HR trainings we provide. As a people person, Lorraine really enjoys making relationships with our clients, and is happy that our clients and vendors put their trust and confidence in our team. She gets great satisfaction at the end of the workday, knowing that she has achieved something special and values being part of a great and caring team!

Lorraine enjoys spending time with her three grandsons and two granddaughters. “Nothing is impossible if you set your mind to it, I am living proof of that.”

Michelle Espinoza

Michelle Espinoza joined the HR NETwork team in 2014 in the capacity of HR Manager and has more than 10 years of progressive management experience in human resources. She is now the senior HR Manager at HR NETwork and leads the HR management team in supporting our clients. 

Her career began in Talent Acquisition where she acquired a strong aptitude in employee relations.  She realized that a lot of companies needed help in navigating through the endless California employment laws and legislation. This led her to transition to Human Resources to focus on helping companies maintain legal compliance.  

Michelle has a keen understanding that business processes are vitally important to any business sector and apply to all types of organizations.  Realizing that the commonality amongst various industries generally results in the same matters led Michelle to what she truly enjoys – strengthening the partnership with our clients in HR matters.  

Michelle holds a B.S in Business Management with an emphasis in Human Resources.  

During her free time, she enjoys fitness, outdoor activities, spending time with family and friends.