Friday, April 14, 2023: California CRD Will Consider 2-Month Extensions on Labor Contractor Employee Reports Deadline
Current Filing Deadline is May 10
Extensions Not Available for Payroll Employee Reports
Background Note: California law requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the California Civil Rights Department (“CRD”)
New: Upon an employer’s request, the CRD will consider giving an employer up to a two-month extension to submit newly required “Labor Contractor Employee Reports,” on workers labor contractors supply to companies the CRD stated in an FAQs update. The current filing deadline for California pay data reports covering Reporting Year 2022 is Wednesday, May 10, 2023. The CRD’s “enforcement deferral” will be up to and including Monday, July 10, 2023. Enforcement deferral periods are not available for pay data reports covering an employer’s payroll employees (“Payroll Employee Reports”).
To request an enforcement deferral period for a Labor Contractor Employee Report, employers must, beginning April 18, 2023, register in the online portal and fill out and submit a request form by May 10, 2023. The CRD will not consider requests submitted through any other method, such as email or phone call. Nor will CRD 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 for itself, and any enforcement deferral period will apply only to that employer.
How We Got Here
California law (SB 1162) requires the state’s private employers to annually report pay, demographic, and other workforce data to the CRD on both employees and workers supplied by contractors. The labor contractor reporting component is new for Reporting Year 2022.
Private employers with one hundred or more employees and/or one hundred or more workers hired through labor contractors must annually file a Payroll Employee Report and, where applicable, a separate Labor Contractor Employee Report. For more background, see our previous reports here, here, and here.