California SB 973 requires employers that (1) file EEO-1 reports and (2) employ more than 100 employees to submit data to the California Department of Fair Employment and Housing (DFEH) annually that shows pay by race and gender for their California employees. It was signed into law on September 30, 2020, and DFEH has been
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California Announces Pay Data Reporting Portal Will Open by February 15, 2021
California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline. When SB 973 was passed in September, DFEH had six months to develop and implement a data collection system that could accomplish the task. It is delivering. DFEH issued its first guidance on November…
DFEH Releases Family and Medical Leave Tool Kit
The Department of Fair Employment and Housing (DFEH), the administrative agency charged with enforcing the California Family Rights Act (CFRA), has released new documentation for Family and Medical Leave that reflects the expansion of CFRA which went into effect on January 1, 2021.
These new documents include the required poster for employers for both Family…
California Issues Additional Guidance on What Pay Data Reports will Require
The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021.
The DFEH has launched an information page that provides needed clarity on certain obligations and has issued additional guidance on the…
California Issues Guidance on New Pay Data Reporting Requirements But Leaves Some Questions Pending
At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some uncertainty for employers in several areas.
The Department of Fair Employment and Housing (DFEH) promised in mid-October that it would be…
Returning to Work After Testing Positive for COVID-19
With the increase in COVID-19 cases in California and across the nation, employers are faced with a number of new challenges in the workplace, one of which is determining when employees may return to work after they have tested positive for the virus. Unfortunately, there have been mixed messages from state and federal authorities on…
Judicial Council of California’s Emergency Orders Affecting Employment Actions
Due to the ongoing impact of COVID-19 pandemic on California’s judicial branch, The Judicial Council of California met yesterday and issued emergency rules related to the COVID-19 Pandemic.
Overall, the Judicial Council of California issued eleven different orders, however, three of them will directly affect employment cases.
Statute of Limitations Tolls for All Civil Actions…
New California Law Extends Statute of Limitations to File FEHA Claim to Three Years
Presently, an employee alleging harassment, discrimination, or other claim under California’s Fair Employment and Housing Act (“FEHA”) has one year from the alleged act to file a complaint with the Department of Fair Employment and Housing (“DFEH”). Filing such a complaint is a prerequisite to filing a civil action. The employee can either request that…
Employers Required to Post Transgender Rights in the Workplace Posters
Effective January 1, 2018, the California Department of Fair Employment and Housing (DFEH) requires employers with 5 or more employees to post Transgender Rights in the Workplace Posters which may be accessed here. The posting obligation is not met by prior versions of the poster.
The Transgender Rights in the Workplace poster provides information…
DFEH Issues Guidelines for Protecting Transgender Rights in the Workplace
The California Department of Fair Employment and Housing (“DFEH”) recently issued guidelines on transgender employee rights, addressing what types of questions employers may ask transgender employees and applicants. The guidelines also address how employers can implement dress code and grooming standards, and make suggestions for maintaining employee restrooms.
An employee need not have undergone sex reassignment surgery for these guidelines to apply, as the Fair Employment and Housing Act recognizes “gender expression” as “a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” (Govt. Code section 12926(q).) The new guidelines are summarized as follows:
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