If you missed our CA Pay Data Webinar or just want to watch it again, here is a review of what we went over. Timestamps have been added to the video to help you quickly find answers to your questions.
This article also includes a written list of the 17 questions answered in the webinar.
Webinar with Markers
Watch the webinar and use the timestamps to quickly jump to the questions you need assistance with.
Available in English & Spanish
How to Export CA Pay Data Reporting Information from Datatech Software
Como Exportar Información Para Los Datos de Pago de CA
A: The CA Pay Data FAQ has a link to a report that the Employee Opportunity Commission created, it can guide you through the setup of your categories.
A: The Snapshot is just determining who to report on, but the file does include all the employee’s wages for 2022.
A: Yes, you would wan to show that you at least made an attempt to file. You may want to submit the question directly to the Civil Rights Department.
A: That is a question that should be submitted directly to the Civil rights Department to get an answer about a more specific case.
A: Because there are no hours, the program will not be able to calculate the hourly rate. In this situation, you will look specifically at that employee and find out how many hours they worked throughout the year. Since the hours are not on their checks, you’ll have to look at reports/time sheets to add up their total hours.
Tip: To easy sort employees with a salary/no hours out, on the Display dropdown select Missing Hours/Rate.
A: For the Payroll Employees the program follows the Federal EEO-1 guidelines and automatically assigns 40 hours per pay period for employees with no hours. You can do the exact calculation as seen in the Labor Contractor answer above, but 40 hours will be assigned automatically.
A: You are required to file a report if you have 100+ employees including your own and across all hired from Labor Contractors. Therefore, you need to know the total number of employees to know if you have 100+ employees.
Labor Contractors can use the total number of employees sent to a specific grower to tell growers how many employees that they provided them, so that growers can determine if they need to report.
A: Since your Growers are compiling these reports and may have multiple LCs, they may want you to use a specific Snapshot Period. Therefore, you may have to export different Snapshot Periods for different growers.
A: The program generates different Snapshot Periods at the top of the CA Pay Data Snapshots window, which are all ready to be exported by clicking on them and clicking Export. So, you can just come to this window and export the specific Snapshot Period a grower is asking for if they need a specific one.
You can export an Employee Detail Report if you’re not sure what the grower wants, and they can use that information to make a report themselves, or you can export to the Excel or CSV Pay Data Templates.
A: The requirements for filing are based on the number of employees. If the number of employees is 100 or more, total, you are required to file either the Payroll Employee Report, the Labor Contractor Employee report, or both.
If you are a Labor Contractor, you need to ask your client growers if they had any other LCs and figure out if you will need to send reports to your growers. (This would be the case if a grower has 100+ employees throughout their own employees and those hired through all of their LCs.)
Corrected A: The CA Pay Data FAQ says: “While Professional Employer Organizations (PEOs), Human Resource Outsourcing Organizations (HROs), or labor contractors may assist in preparing and may file pay data reports with CRD on behalf of client employers, an official of the client employer, not from the PEO, HRO, or labor contractor, must certify the report. A certifying official may authorize another person to electronically file the certification on their behalf.”
So, a LC can assist in preparing and filing the pay data reports but an official of the client employer must either certify the report themselves or specifically authorize another person to file the certification for them.
A: The Mean Hourly Wage is calculated with the total wages and hours. So, there may be problems with the calculation, possibly because of a difference in the way that wages are compiled by check date and hours are compiled by work date.
A: Labor Contractors generate and report to the Civil Rights Department their own Payroll Employee Pay Data Report if they have 100 or more employees.
Labor Contractors generate the Labor Contractor Employee reports to send to their growers if their growers have 100+ employees total, so that the growers can then report to the Civil Rights Department.
You can choose your own Snapshot period for your own Payroll Employee Report, it doesn’t have to be the same as what you send to growers.
A: You can put in a request on the Portal to defer the due date to June 10th for the Labor Contractor Pay Data report only.
The Payroll Employee Report still must be filed by May 10th. This extension gives growers more time to compile information from LCs and make their report.
Corrected A: The CA Pay Data FAQ says the definition of an employee for the purposes of pay data reporting is “an individual on an employer’s payroll, including a part-time individual, and for whom the employer is required to withhold federal social security taxes from that individual’s wages.”
This definition does not apply to H2A workers as an employer is not requires to withhold social security taxes for them. This definition is applied to both counting the total number of employees and when choosing who to report. Therefore, as far as we know, H2A workers wouldn’t be included in the total employee number count or the reports.
If you want further clarification submit a question directly to the Civil Rights Department.
Corrected A: The CA Pay Data FAQ says, “The Department has the power to seek an order requiring an employer who was obligated to file a report and failed to do so to file a required report. The Department is also empowered to seek civil penalties of $100 per employee against an employer who fails to file a required report, with the penalties increasing to $200 per employee for a subsequent failure to file a required report. These penalties are assessable against a labor contractor that has failed to provide required pay data to a client employer.”
Labor Contractors are required to submit necessary pay data information to their growers. If they don’t, they can get penalties. But if a Labor Contractor has submitted necessary data to the grower and then the grower doesn’t submit their report, the Labor Contractor will at lease have proof that they sent the information so that the penalties should not fall on them.
A: We submitted this question last year and they said that they would like to see some employees’ data, if available. This may be a question to submit directly to the Civil Rights Department.