As California’s April 1, 2022 pay data reporting deadline approaches, we are dealing with many questions about when remote employees, teleworking employees, and traveling employees must be included in the report. A private employer (any employer that is not a government employer) is required to file a pay data report to the Department of Fair Employment and Housing (DFEH) if the employer has 100 or more employees during the Snapshot Period chosen by the employer or who regularly employed 100 or more employees during the Reporting Year. Employees located inside and outside of California are counted when determining whether an employer has 100 or more employees. When reporting to the DFEH, employers must include their employees assigned to California establishments and/or working within California, including employees who work remotely or telework. An employer with no employees in California during the Reporting Year would not be required to file a pay data report with the DFEH. Below are various scenarios that arise with remote or teleworking employees and whether these employees must be included in the employer’s pay data report:
1. Remote Employees Assigned to a California Establishment
Employers must report on their employees assigned to a California establishment, whether or not teleworking. This means that employees working remotely from a residence outside of California, or at a client’s site outside of California but assigned to a California establishment must be...
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