February Fun Facts (and deadlines)

In case any California employers were distracted by the destruction and lack of electricity caused by the recent pineapple express landfall, here are a few reminders of some super-fun government-mandated items you won’t want to forget about this month.
UPDATED PAY DATA REPORTING REQUIREMENTS
California’s Pay Data Reporting Portal opened on February 1, 2024, and employers with 100 or more payroll and/or labor contractor employees must submit their pay data reports to the Civil Rights Department (CRD) by May 8, 2024. This year, the CRD has provided updated Excel templates that expand on last year’s employer reporting obligations. Specifically, employers must now also provide details about employees and labor contractors who work remotely by including the number of employees in each demographic group (i.e., establishment, job category, race/ethnicity, sex, and pay band) that:
- Work onsite
- Work remotely from California
- Work remotely from outside of California
As we reported last year, the CRD’s definition of a labor contractor is broad, and employers are encouraged to ensure accurate and complete reporting to avoid stiff penalties ($100/individual for first violation and $200/individual thereafter.)
CALIFORNIA NONCOMPETE AGREEMENTS
California’s Business and Professions Code (Section 16600) has long held that, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” In 2024, California implemented new regulations to shore up those protections regarding the enforcement of noncompete agreements; regardless of where they were executed. One of these regulations added a new statue to the Business and Professions Code that requires any company whose contracts contain a noncompete clause, issue a written notice to all current and former employees (hired after January 1, 2022) that the noncompete clauses in their contracts are void. The deadline for employers to provide this notice is February 14, 2024.
NEW OSHA REPORTING REQUIREMENTS
As you are likely already aware, many[1] employers with more than 10 employees are required to prepare and maintain records of occupational illnesses and injuries that occur throughout the year using the Form 300 log and the Form 301 incident reports. Then, in February each year, Human Resources folks tally up all of the related information to create the fancy 300A summary report that gets displayed, in all its beauty, from February 1st through April 30th.
Effective January 1, 2024, OSHA has amended its regulations and now requires employers with 100 or more employees that meet high-hazard industry criteria[2] to electronically report occupational illness and injury data from the previous year. (Note, the existing electronic reporting guidelines for covered establishments with 20-249 employees in specific high hazard industries, and those with 250 or more employees still apply.) This new requirement applies to industries including, but not limited to, agriculture, manufacturing, construction, warehousing and storage, residential care facilities, and retail. Covered establishments will need to create an Injury Tracking Application (ITA) account and submit their data by March 2, 2024.
Let us know if you need support…or an Ark, we Noah guy. 😉
[1] Partially exempt industries
[2] Designated Industries Requiring Annual Electronic Submission of OSHA 300 and 301 Submission