Session 1: California’s New Wage Reporting Requirement:
How to Avoid Becoming a Litigation Target
If you are a California employer with more than 100 employees, you are required to file the California SB 973 Wage report by March 31, 2021. The headcount and wage effects of your COVID-19 restructuring will be reflected in your SB 973 filed in California.
You can gain a huge advantage by finding and potentially mitigating any issues before the California Department of Fair Employment and Housing (DFEH) or private litigants inform you or your C-Suite of problems. Your findings will also help put you in a good position to respond to a potential EEOC inquiry. If you want to make changes for your 2020 pay process, the results can be used to inform that process.
Before you file, consider a few things:
- How should you review data and in what format should you report?
- What data checks can you perform to reduce the chance of job misclassifications?
- How can you test your data to identify simple data errors that could be very harmful?
- How can you determine which pay-period to use to select your reported population?
We will also show you some ways to handle your data and identify problems through statistical testing that will help you get through the SB 973 filing process with less effort and fewer problems.
Who Should Attend: HR Professionals or Attorneys helping companies with California employees to restructure, knowing that the SB 972 filing is only about six months away. We will discuss tests, tools and resources that you can use.
Advanced Analytical Consulting Group’s (AACG) labor litigation experts will discuss useful ways to review your data for errors, some simple steps to make filing easier and how you can test your data for statistically significant discrimination.
This webinar will cover the following topics:
- Overview of the format of the California DFEH Component 2 to be filed by March 31, 2021 and each year thereafter
- How you can review your draft DFEH filing to identify potential errors and inform your choice of pay period
- How you can use statistical tests on your individual-level, draft compensation data to identify potential discrimination and determine the damages you face
- How you can get help converting your individual employee-level data into the DFEH Component 2 CSV format ready for electronic submission to the California DFEH
EEOC previously defined potential tests for its EEO-1 Component 2 wage testing and those tests can be implemented for the California filing, allowing you to fix problems before you file your headcount and wage data.
EquityPath software is designed to identify statistically significant discrimination in a RIF (or Un-RIF) quickly and to allow you to make adjustments that make a RIF (or Un-RIF) fairer and less prone to litigation.
Dr. Daniel S. Levy, National Managing Director of Advanced Analytical Consulting Group and owner of EquiCalc, assists attorneys with economic, statistical and computing analyses in discrimination and other labor-related cases. In various areas of litigation, he has served as an expert witness for plaintiffs and defendants, including private companies, the Department of Labor, the Securities and Exchange Commission, the Department of Justice, and the Internal Revenue Service and has presented his research to the FBI, US Postal Service, the Environmental Protection Agency, and New York State Attorney General’s Office.
Prior to founding Advanced Analytical Consulting Group and EquiCalc, Dr. Levy was the National Managing Principal of Economic and Statistical Consulting for Deloitte Financial Advisory Services LLP. He also served as the Global Director of Economic Consulting for Arthur Andersen’s Value Solutions practice. He has also held research and consulting positions at Charles River Associates, The RAND Corporation, Needham, Harper Worldwide Advertising, SPSS Inc. and The University of Chicago Computation Center. Dr. Levy received a PhD and an AB with Special Honors in Economics from The University of Chicago.[
Dr. Audrius Girnius, Senior Economist at AACG, has assisted employers with proactive pay studies and supported experts on a variety of Labor and Employment discrimination matters. Prior to joining Advanced Analytical Consulting Group, Dr. Girnius was a Senior Manager / Director at Grant Thornton and Huron Consulting Group. He earned a PhD in Economics from The University of Chicago and has refereed for the Journal of Political Economy. He also has presented at the National Bar Association Labor and Employment Law Conference.