Enforcement Deferral Request
The deadline for employers to file their pay data reports with DFEH is annually on March 31. If DFEH has not received a required report by the deadline, DFEH “may seek an order requiring the employer to comply with California 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 fact that pay data reporting is newly required 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 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. An employer that is granted such a deferral will have through April 30, 2021 to file its report with DFEH.
DFEH will begin accepting employer requests for enforcement deferral periods on February 16, 2021.