By Victoria Ungvary and Kate Hayek
BLOG OVERVIEW: The 2025 California Pay Data Report introduces new optional data fields, causing confusion among employers about filing requirements. Despite initial impressions from CRD's FAQ that exemption status, employment type, and weeks worked are mandatory, DCI's review of file specifications, Excel templates, and direct communications with CRD confirms these new fields are not required for submission this year. Employers can fulfill their reporting obligations without entering data in those fields, though CRD encourages submitting the information where available in good faith.
Many organizations with employees in California have been required to file California Pay Data Reports since 2021. However, multiple changes have been made to this annual report since then, including for the 2025 filing period.
As noted in an earlier blog, one of the most significant changes this year for California Pay Data Reporting is a number of new required data points being added to the report, including:
- Whether an employee is exempt or non-exempt
- Full-time, part-time, or intermittent status (i.e., an employee who works periodically or does not regularly work full- or part-time hours); and
- Weeks worked during the reporting year, including weeks during which the employee was on paid leave (e.g., vacation or holidays, as well as sick leave).
These additional data points came as a surprise when the preliminary templates were quietly posted by the California Civil Rights Department (CRD) on November 25, 2025 as revisions to the underlying regulations signed into law just over a month earlier did not include language reflecting these changes.
Now that reporting is underway, DCI has had the opportunity to interact directly with the filing system and conduct a detailed review of the final guidance and templates, which were not released until a few days before the filing portal opened. Based on this review and subsequent communications with CRD, DCI has confirmed that these three new data points this year are not required to proceed with the report submission.
Confusion Caused by Frequently Asked Questions
CRD's Frequently Asked Questions (FAQ), which is included in the documentation for this year's filing, caused confusion for employers seeking to comply with reporting requirements. The FAQs do not indicate that the new fields are optional. CRD uses similar phrasing, such as "employers should," when describing both required fields and the newly added fields. The following FAQ in particular appears to suggest that the new fields are required [emphasis added]:
What new data fields will I need for Reporting Year 2025?
For Reporting Year 2025, pay data reports should include employees' exemption status, employment type, and weeks worked during the reporting year. For more information about these new fields, please refer to the following frequently asked questions provided in this document:
- "How do I report employees' exemption status?"
- "How do I report employees' employment type?"
- "How do I calculate employees' weeks worked during the reporting year?"
Seeking Clarification from CRD and Additional Documentation
A review of the file upload specifications shows that the new fields are not designated as required for filing. Additionally, the Excel templates posted on CRD's website do not include asterisks on the new fields – which typically signal a field is required – although CRD does not define the symbol's meaning anywhere. Finally, the 2025 User Guide includes a screenshot on page 49 indicating that the new fields are not required to proceed with submission (though this is in contrast to the Row-Level Clarifying Remarks field, which is explicitly identified as optional).
DCI contacted CRD to request clarification regarding its authority to request data not included in formal rulemaking, such as Senate Bill 464, and to confirm whether the new fields are required. CRD responded that its “ability to seek information to compile and aggregate pay data, identify wage patterns, and effectuate the purposes of [Fair Employment and Housing Act] and its pay data reporting program, is supported under statutory and case law.” CRD also confirmed that while employers should fill the fields where possible, filings will still be processed if the data is not provided. Specifically, CRD stated that “employers will be able to fulfill their pay data reporting obligations under Section 12999 without entering data in those fields.”
Finally, the CRD Pay Data Reporting team stated that “employers should prepare accordingly and submit responsive information that they have in good faith. All pay data reports submitted to CRD must be certified as complete and accurate.”
Employers who have been struggling to calculate weeks worked or decide if they should report Exempt/Non-Exempt status using the FLSA definition or CA's Industrial Welfare Commission wage orders (you can use either, per the FAQs) can breathe a little easier with confirmation that exemption status, employment type, and weeks worked are not required this year.
Please reach out to your DCI consultant to discuss the best approach for you. For more information on how DCI can assist your organization with California Pay Data Reporting, visit our California Pay Data Reporting page.
