Governor Newsom has signed Senate Bill (SB) 1237, significantly increasing the penalties for employers who repeatedly fail to file California’s required pay data reports.

Under the new law, first-time failures remain subject to penalties of up to $100 per employee. But for subsequent failures, the maximum penalty jumps from $200 to $1,000 per employee—a fivefold increase.

Miss once, pay a little. Miss twice, pay a lot.  A company with 500 employees that misses a second filing deadline could face up to $500,000 in civil penalties—compared to $100,000 under the prior cap. The California Civil Rights Department (CRD) must still obtain a court order to impose penalties, but the dramatically higher ceiling gives the agency considerably more leverage in enforcement actions.

SB 1237 also requires CRD to publish aggregate, anonymized reporting data annually. But individual company filings remain confidential—the statute expressly exempts them from disclosure under the California Public Records Act.

Employers should also note that the May 2027 filing cycle—the first subject to SB 1237’s enhanced penalties—will require reporting under 23 Standard Occupational Classification (SOC) job categories rather than the 10 EEO-1 categories used in prior years. This change, enacted in 2025, requires employers to map each employee to more granular job classifications based on occupational function. Organizations that have not yet updated their HRIS systems or reporting processes should begin preparation now to avoid compliance gaps when the new requirements take effect.

Key Takeaway

SB 1237 takes effect January 1, 2027. Employers with 100 or more employees should use the intervening period to audit their pay data reporting processes, ensure their systems can accommodate SOC-based classifications, and calendar the annual filing deadline (the second Wednesday of May).

If you have questions about California’s pay data reporting requirements or need assistance preparing for the upcoming filing cycle, please contact a Jackson Lewis attorney.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.