Deadline Approaching: California Employers Must Report Compensation Data by March 31st

On September 30, 2020, California Governor, Gavin Newsom, signed SB 973 into law. By March 31, 2021, private California employers with 100 or more employees and who are subject to EEO-1 reporting must submit a “pay data report” to the California Department of Fair Employment and Housing (DFEH).

What Are Employers Required to Report?

The pay data report must include a breakdown of employees by sex, race and ethnicity in 10 job categories. Specifically, the categories include: executive or senior level officials or managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers. The pay data report must also include a delineation of employee compensation in 11 identified pay bands ranging from “less than $19,239” to “more than $208,000” based on W-2 wages. The report must include the number of employees in each pay band, along with information on sex, race and ethnicity and total number of hours worked.

What Is California Going to Use the Data for?

The intent of the California Legislature is clear by its legislative findings—the Legislature believes a discriminatory pay gap persists despite other recent legislation and now requires additional attention from the state. DFEH will review the pay data reported to ferret out discrimination in pay and hold employers accountable for differences in pay that are not authorized by law.

Title IX Final Rule

On May 6, 2020, the U.S. Department of Education issued the Final Rule on Title IX of the Education Amendments of 1972 (“Title IX”) regulations. These are the first comprehensive regulations issued under Title IX since 1975.

The Final Rule goes into effect on Friday, August 14, 2020.  Its provisions will significantly impact K-12 school districts, colleges, and universities. The changes include: a definition for sexual harassment, requirement for publication of Title IX materials, triggers for an institution’s legal obligation to respond and investigate, and a requirement that institutions conduct courtroom-like hearings. Continue reading “Title IX Final Rule”

State Authorization: Disclosure Requirements that apply to both Online and On-Ground Programs

On November 1, 2019, the U.S. Department of Education published a final rule regarding state authorization. The regulation goes into effect on July 1, 2020 and places new disclosure requirements for professional licensure programs that apply to both online and on-ground programs.

Specifically, 34 C.F.R. § 668.43(a)(5)(v) (Institutional Information), requires institutions offering programs leading to occupational licensure (such as cosmetology, vocational nursing, etc.), to determine whether the program curriculum meets educational requirements for licensure or certification in each state. The institution must list (a) states for which the program curriculum meets educational requirements; (b) states for which the program curriculum does not meet education requirement; (c), and states for which the institution has not made a determination. Please note that the regulation applies to program curriculum,(not the ability to transfer a license to another state after the student obtains a license in the state the institution is located in.

Institutions should do the research to make affirmative or negative determinations as to whether the program curriculum meets educational requirements for licensure or certification. However, these determinations do not need to be fully completed by July 1, 2020. Until the institution is able to make the state-by-state determinations, the states that the institution does not operate in should be listed as a state for which the institution has not made a determination.

New California Bill Prohibits Colleges from Withholding Transcripts Based on Debt Owed

On October 4, 2019, California Governor, Gavin Newsom, signed AB 1313 into law. Effective January 1, 2020, AB 1313 extends to private postsecondary institutions and prohibits schools from the following:

  • Refusing to provide a transcript for a current or former student on the grounds that the student owes a debt;
  • Conditioning the provision of a transcript on the payment of a debt;
  • Charging a higher fee for obtaining a transcript or providing less favorable treatment of a transcript request because a student owes a debt; or
  • Using a transcript issuance as a tool for debt collection.

Colleges should evaluate their current Transcripts/Records on Hold policies to ensure that California campuses do not restrict a student from obtaining their transcript on the basis of a debt owed.

New California Bill Requires Schools to Provide Intimate Partner and Dating Violence Outreach Programming at Student Orientation

On July 12, 2019, California Governor, Gavin Newsom, signed AB 381 into law, amending Section 67386 of the Education Code. Effective January 1, 2020, the bill conditions the receipt of state funds for student financial assistant on postsecondary institutions (as well as community colleges and the CSU/UC systems) providing outreach programming regarding intimate partner and dating violence as part of every incoming student orientation.

Prior to the passage of AB 381, California colleges were already required to implement comprehensive policies regarding sexual violence, domestic violence, dating violence and stalking. However, AB 381 specifically addresses what must be included in a college’s outreach programming and also requires that the programming be provided to all incoming students (including graduate, transfer and international students). Colleges must inform students of: Continue reading “New California Bill Requires Schools to Provide Intimate Partner and Dating Violence Outreach Programming at Student Orientation”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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