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Employers May Request a One-Month Extension to Submit the California Pay Data Report for 2020

2021-03-03

Extension requests must be made online and provide the reason for the request

The California Pay Data reports are due on March 31, 2021; however, the Department of Fair Employment of Housing (DFEH) updated its FAQs on February 3rd indicating that employers can seek an extension for reporting year 2020.  To seek an extension, employers must submit an online request form asking for an “enforcement deferral period” and provide the reason for the request and other required information before March 31, 2021.  The following is the DFEH’s FAQ.

Q: May an employer receive an extension to file its pay data report after the March 31 deadline? (02/03/2021)

A: The deadline for filing a pay data report with DFEH is annually on March 31. Gov. Code § 12999(a). If DFEH has not received a required report by the deadline, DFEH “may seek an order requiring the employer to comply with [California’s pay data reporting] requirements and shall be entitled to recover the costs associated with seeking the order for compliance.” Gov. Code § 12999(h). In light of the COVID-19 pandemic and the newly required pay data reporting under California law in 2021, DFEH will consider an employer’s request that DFEH defer seeking an order for compliance with respect to a report due by March 31, 2021. To request that DFEH defer seeking such an order for compliance (known as an “enforcement deferral period”), an employer must fill out DFEH’s online request form before March 31, 2021, providing the reason for the request and other required information. DFEH will not consider requests submitted through any other method, such as email or phone. Nor will DFEH consider a request submitted by a third party on behalf of an employer, such as a Professional Employer Organization (PEO); the employer itself must submit the request, and any approved enforcement deferral period will apply only to that employer. The request form will be available at dfeh.ca.gov/paydatareporting by February 16, 2021. An employer that is granted such a deferral will have through April 30, 2021 to file its report with DFEH. Employers are advised to not expect that DFEH will, in future years, similarly defer seeking an order for compliance.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.