California Sending Failure to File Enforcement Notices to Employers

California reminds private employers of the legal requirement to file a Pay Data Report

On March 31, 2021, private employers with 100 or more employees that had a least one employee in California were required to file a pay report with the California Department of Fair Employment and Housing (DFEH).

DFEH expects all covered employers to have completed the required submission. OutSolve has learned that DFEH is currently sending failure to file notices reminding employers of their obligation to complete the 2021 submission. See a copy of the notice here. You have 30 days from the receipt of the letter to file the report or contact DFEH and provide proof that the report was filed, or that you are not required to file the Annual Pay Report. Contact OutSolve here or at info@outsolve.com for assistance with filing.  

Apparently, the DFEH is reconciling its list of covered employers against the set of completed submissions and sending a letter to those employers that have not completed the submission.

If the employer fails to complete their submission then they could be subject to a court order requiring you to file your Annual Pay Data report and to pay costs associated with seeking that order, including attorney fees. 

If you are not sure whether you are required to file the Annual Pay Report, please review OutSolve's FAQs, or you can contact DFEH by email at paydata.reporting@dfeh.ca.gov. You may also contact OutSolve for further information on the California Pay Data Report at info@outsolve.com or by calling 888-414-2410.