With pay data reports due to the California Civil Rights Department (CRD) on May 13, 2026, California employers must ensure they are prepared to meet their reporting obligations.
As previously discussed here, employers with 100 or more employees are required to file a pay data report with the CRD. Client employers with 100 or more labor contractor employees are also required to submit a report. The CRD’s website contains additional information regarding the reporting requirements, including frequently asked questions and a handbook on data reporting.
Employer Reporting Requirements
Employers must submit reports based on the snapshot period. The snapshot period is a single pay period between October 1 and December 31 of the reporting year. The employer selects the snapshot period. Employees on the employer’s payroll during the snapshot period must be included in the report, though much of the reported data must reflect the entire reporting year. Employers must capture and report the following information:
- Demographics and job classification. Employers must report each employee's race, ethnicity, and sex, along with the job category to which they are assigned.
- Annual earnings. Employers must report each employee's total annual earnings by pay band in accordance with the CRD’s designated pay band categories based on Box 5 of the employee’s IRS Form W-2 (or Box 1, if Box 5 is unavailable) for the entire reporting year.
- Mean and median hourly rates. Employers must report the mean and median hourly rate for each employee group.
- Employment status. Each employee's exemption status and employment type must be included in the report.
- Weeks worked. Employers must report the number of weeks worked by each employee during the reporting year, including weeks in which the employee was on any form of paid time off.
- Hours worked. The total number of hours worked by each employee during the reporting year must also be reported.
- Remote workers. Within each employee group, the employer must report the number of employees who do not work remotely, the number of employees working remotely within California, and the number of employees working remotely outside of California.
Note that the reports for labor contractors carry additional data requirements and the earnings, hours worked, and weeks worked must be allocated to reflect only work performed for the reporting client employer.
Employers must submit their pay data reports through the CRD's online pay data portal, accessible here. By preparing early and consulting with legal counsel as needed, employers can avoid last-minute complications and ensure accurate, timely submissions.
