Employers May Now Request an Enforcement Deferral for Reporting Contractor Data
As explained in our blog, Reporting CA Employee Data, private employers with 100 or more employees in the US and at least one employee in California must report pay and demographic information for their CA employees by May 10th, 2023.
A new requirement this year is that a private employer with 100 or more contractors with at least one who works within CA or who is assigned to a CA office of the client employer must also report pay and demographic information on their CA contractors.
The CA Civil Rights Department (CRD) recently announced that employers may now request a deferral on providing their contractor reports to assist employers who may need more time to comply with this new requirement. The request for the deferral on contractor information must be made by May 10th, 2023 by filling out and submitting the request form through the employer’s account on the CRD’s pay data reporting portal. The CRD will not accept requests for deferral through email or phone calls.
The request form requires the employer to provide the name(s) of their labor contractor(s), the number of labor contractor employees, a justification for the deferral request, and the name and contact information of the person requesting the deferral. The CRD will not consider requests submitted by a third party on behalf of an employer, such as a Professional Employer Organization (PEO). The employer must submit the request for itself and if the deferral is approved, it will only apply to that employer.
Once the request is approved, the employer will have until July 10th, 2023 to submit their contractor pay and demographic data. The CRD is making it clear this is a one-time deferral and will not be offered next year.
This deferral only applies to contractor reporting. Employee pay and demographic data are still due by May 10th, 2023.
Author: Traci Hagan
