California Workplace Violence Prevention Plan Webinar Registration – June 18th @ 1:00 PM Eastern
2023 Pay Data Reporting Updated for Reports Due May 8, 2024
On February 1, 2024, the California Civil Rights Division (CRD) issued updated FAQs and the following important information about the 2023 pay data reporting year:
- Updated Resources. New versions of the pay data reporting Excel templates, .CSV examples, user guide, training slides, and portal. Some key details:
- Employers are not to use Excel templates or .CSV examples from prior years; the portal will reject submissions based on outdated versions of the templates.
- The CRD updated the portal and templates to improve user experience. For example, in the Excel template, a user can hover their cursor on a column heading to see relevant instructions.
- Training about the pay data program and filing requirements.
- New data fields. Employers must newly report whether employees worked remotely during the Snapshot Period. For more information, see FAQs “Who is a ‘remote worker’ in a pay data report?” and “If an employee who was remote the first six months of the year transitioned to a hybrid or in-person role during the second six months of the year, should the employee be reported in a pay data report as a remote worker?”
- Race, ethnicity, sex. For Labor Contractor Employee Reports, reporting “unknown” race/ethnicity or sex of a labor contractor employee is no longer permitted. For more information, see Part V.B of the FAQs.
- Deadline. Pay data reports covering the 2023 Reporting Year are due by Wednesday, May 8, 2024. For more information, see FAQ “What is the deadline for employers to submit their pay data report(s) to CRD?”
- Changes made in 2023 remain in effect, including:
- Labor contractor worker reporting: In addition to the Payroll Employee Report that all private employers with 100 or more employees (with at least one employee based in California) must file, under the law, private employers with 100 or more workers hired through labor contractors in the prior calendar year (with at least one worker based in California) must file a separate Labor Contractor Employee Report that covers workers hired through labor contractors in the prior calendar year. An employer submitting a Labor Contractor Employee Report submits one report that covers labor contractor workers at all the employer’s establishments. Labor contractor(s) must give the required data and information to the employer for the report and employers must identify the labor contractors. For more information about Labor Contractor Employee Reports, see Parts II, IV, and V of the FAQs, among others.
- Mean and median rates: The law requires employers to calculate and report the mean and median hourly rate of its payroll employees and/or labor contractor employees, by establishment, pay band, job category, race/ethnicity, and sex. There are columns in the Excel template and .CSV example for this and for more information about calculating the mean and median hourly rates, see Part V of the FAQs.
- Increased penalties for nonfilers: Failure to file may incur penalties and the CRD is actively pursuing non-filers. For more information, see FAQ “What are the penalties for employers that fail to file?”
- Report only California workers: In a pay data report, employers must report on their workers assigned to California establishments and/or working within California. Employers may not report on workers who are working outside of California and assigned to an establishment outside of California. For more information, see, for example, FAQ “Should an employer’s Payroll Employee Report include only their California employees or all employees?”
- Aggregate results: In 2024, the CRD plans to publish aggregate results from the 2022 Reporting Year and employers are encouraged to review these results, as well as to assess their own pay data reports and pay practices, in light of California’s anti-discrimination and equal pay laws.
Under California law, private employers of 100 or more employees—and/or 100 or more workers hired through labor contractors—are required to annually report pay, demographic, and other workforce data to the CRD. Employers must use the California Pay Data Reporting online portal to submit their annual reports to CRD.
Workplace Violence Prevention Plan Required
Effective July 1, 2024, almost every employer must include a written workplace violence prevention plan as part of its injury prevention program. The plan must always be in effect, designed specifically for each work area and operation, and include the following:
- Names and titles of people responsible for the plan
- Plan development procedures that include employee involvement
- Implementation and training methods
- Response procedures and antiretaliation protections
- Compliance procedures for supervisory and nonsupervisory employees
- Communication methods
- Hazard identification and correction procedures
- Post-incident response and investigations
- Efficacy and annual review
Employers must also record information in a violent incident log for every workplace violence incident. The law also addresses the creation and maintenance of the violent incident log, mandatory training, reporting workplace violence, recordkeeping, and much more.
Of note, the following are exempted from the law:
- Workplaces with less than 10 employees working there at any given time, that aren’t accessible to the public, and that comply with the state’s injury and illness prevention program requirements; and
- Employees teleworking from a location of their choice that is not under the employer’s control.
Attached is a fillable template, Model Written Workplace Violence Prevention Plan for General Industry (non-healthcare settings), which will guide you in creating a plan customized to your organization.
Resourcing Edge is hosting a webinar on June 18th at 1:00 PM Eastern to review the new program and answer any immediate questions you may have. Please see the top of this Page to register. Following the webinar, you may reach out to the following email REI.wc@onedigital.com to schedule a one-on-one with a Resourcing Edge Loss Control Representative to discuss your individual program.
Healthcare Worker Minimum Wage Increases
Effective June 1, 2024, the minimum wage for healthcare employees will incrementally increase depending on the employer. For healthcare providers with 10,000 or more full-time equivalent employees that are part of an integrated healthcare delivery system and any dialysis clinic, the minimum wage for all covered healthcare employees will be:
- $23 per hour from June 1, 2024, to May 31, 2025.
- $24 per hour from June 1, 2025, to May 31, 2026.
- $25 per hour from June 1, 2026, until annually adjusted.
For hospitals with a high governmental payor mix, independent hospitals with elevated governmental payor mix, and rural independent healthcare facilities, the minimum wage for all covered healthcare employees will be:
- $18 per hour from June 1, 2024, to May 31, 2033, with 3.5% annual increases.
- $25 per hour from June 1, 2033, until annually adjusted.
For primary care or free clinics, community clinics, rural clinics, and their affiliated urgent care clinics, the minimum wage for all covered healthcare employees will be:
- $21 per hour from June 1, 2024, to May 31, 2026.
- $22 per hour from June 1, 2026, to May 31, 2027.
- $25 per hour from June 1, 2027, until annually adjusted.
For all other covered healthcare facility employers, the minimum wage for all covered healthcare employees will be:
- $21 per hour from June 1, 2024, to May 31, 2026.
- $23 per hour from June 1, 2026, to May 31, 2028.
- $25 per hour from June 1, 2028, until annually adjusted.
After September 6, 2023, any local law related to the minimum wage for covered healthcare facility employees is void.
