(a) (1) On or before the second Wednesday of May 2023, and on or before the second Wednesday of May of each year thereafter, a private employer that has 100 or more employees shall submit a pay data report to the department covering the prior calendar year, which, for purposes of this section, shall be referred to as the âReporting Year.â (2) On or before the second Wednesday of May 2023, and on or before the second Wednesday of May of each year thereafter, a private employer that has 100 or more employees hired through labor contractors within the prior calendar year shall submit a separate pay data report to the department covering the employees hired through labor contractors in the prior calendar year. The private employer shall also disclose on the pay data report the ownership names of all labor contractors used to supply employees. A labor contractor shall supply all necessary pay data to the private employer. (3) Any demographic information gathered by an employer or labor contractor pursuant to this section shall be collected and stored separately from employeesâ personnel records. (b) The pay data report shall include the following information: (1) The number of employees by race, ethnicity, and sex in each of the following job categories: (A) Executive or senior level officials and managers. (B) First or mid-level officials and managers. (C) Professionals. (D) Technicians. (E) Sales workers. (F) Administrative support workers. (G) Craft workers. (H) Operatives. (I) Laborers and helpers. (J) Service workers. (2) The number of employees by race, ethnicity, and sex, whose annual earnings fall within each of the pay bands used by the United States Bureau of Labor Statistics in the Occupational Employment Statistics survey. (3) Within each job category, for each combination of race, ethnicity, and sex, the median and mean hourly rate. (4) For purposes of establishing the numbers required to be reported under paragraph (1), an employer shall create a âsnapshotâ that counts all of the individuals in each job category by race, ethnicity, and sex, employed during a single pay period of the employerâs choice between October 1 and December 31 of the âReporting Year.â (5) For purposes of establishing the numbers to be reported under paragraphs (2) and (3), the employer shall calculate the total earnings, as shown on the Internal Revenue Service Form W-2, for each employee in the âsnapshot,â for the entire âReporting Year,â regardless of whether or not an employee worked for the full calendar year. The employer shall tabulate and report the number of employees whose W-2 earnings during the âReporting Yearâ fell within each pay band. (6) The employer shall include in the report the total number of hours worked by each employee counted in each pay band during the âReporting Year.â (7) The report shall include the employerâs North American Industry Classification System (NAICS) code. (c) For employers with multiple establishments, the employer shall submit a report covering each establishment. (d) The report shall include a section for employers to provide clarifying remarks regarding any of the information provided. An employer is not required to provide clarifying remarks. (e) The information required by this section shall be made available in a format that allows the department to search and sort the information using readily available software. (f) If the department does not receive the required report from an employer, the department may seek an order requiring the employer to comply with these requirements and shall be entitled to recover the costs associated with seeking the order for compliance. Upon request by the department, a court shall impose a civil penalty not to exceed one hundred dollars ($100) per employee upon any employer who fails to file the required report and not to exceed two hundred dollars ($200) per employee upon any employer for a subsequent failure to file the required
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