Seyfarth Synopsis: SB 1162, which may soon be signed into law, will require employers to report even more pay data to the California Civil Rights Department (f/k/a the Department of Fair Employment and Housing until July 1, 2022), including median and mean pay gap information. A key contested provision that would have required the Civil Rights Department to post the pay data online, however, was recently removed from the bill.

SB 1162’s mission: require more pay data disclosures from employers. Accomplished? Almost. California’s most recent pay transparency bill looks likely to become law before September 30th. With it, employers will be required to comply with a host of new pay data disclosure requirements.

One requirement initially included in the bill, however, did not survive the legislative process. While SB 1162 proposed that the Civil Rights Department publish employers’ pay data on a public website, a recent amendment removed that requirement. So what happens to the granular pay data that employers will report to the Civil Rights Department? Only the Civil Rights Department will have access to that information.

Reporting Changes

Proponents of SB 1162 believe that the current law does not do enough to ferret out pay inequities, and, through SB 1162, seek to impose the following changes:

• Revise the deadline to submit pay data reports, with the new deadline occurring annually on the second Wednesday of May each year.
• Within each job category, SB 1162 would require...

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