California Offers Extension on Labor Contractor Pay Data Reporting

California enforcement deferral requests only applies to employers with workers supplied by labor contractors completing the Labor Contractor Employee Report.

On April 14, 2023, the California Civil Right Department (CRD) reported that it will consider giving employers two-month extensions to submit the new pay data reporting obligations on workers supplied by labor contractors. The current deadline for this reporting is May 10, 2023.

As reported in the CRD’s updated FAQs, starting on April 18, 2023, employers may submit “enforcement deferral requests” for a filing extension through the online portal. If granted, the Labor Contractor Employee reports will be due by July 10, 2023.   

The filing deadline remains May 10, 2023 for covered employers with labor contractor employees on their payroll. CRD states that it “may seek a court order requiring” compliance unless an enforcement deferral is obtained.   

As we communicated in our last blog titled, California Adds FAQs Expanding the Scope of Pay Data Reporting, California employers with 100 or more employees employed through labor contractors must submit a separate pay data report. This extension on the pay data report requires the contractor to obtain this information from the labor contractor who may or may not have immediate access to this required data, thus driving the state’s decision to grant extensions.  

Clients needing assistance in filing the California Pay Data Report or who wish to take preventive measures to evaluate their pay practices can contact OutSolve at info@outsolve.com or by calling 888.414.2410. Further information about OutSolve’s Pay Equity Analysis compliance services (Proactive Compensation Solutions) is also available on the OutSolve website.