Best Practices: How to Collect Employee Information for Pay Data Reporting

April 18th, 2024

Upcoming pay data reporting obligations in California have many employers struggling to gather and report employee race and ethnicity data. As a reminder, the filing deadline for employers with 100 or more employees is May 8, 2024.  

One of the biggest stumbling blocks for reporting accurate pay data is the question of how employers are to gather the required information. The California Civil Rights Department (CRD) offers guidance on this issue through its FAQs.  

According to the CRD, employee self-identification is the preferred method of identifying race/ethnicity information. Employers can offer employees the opportunity to self-identify during the onboarding process or during a survey period initiated by the employer ahead of the reporting period. It is important to note that any survey provided to employees must make clear that participation is voluntary.  

A sample voluntary survey statement provided by the CRD (adapted from the EEOC) reads as follows: 

“[Employer name] is subject to certain governmental recordkeeping and reporting requirements for the administration of civil rights laws and regulations. In order to comply with these laws, [employer name] invites employees to voluntarily self-identify their race or ethnicity. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the California government for civil rights enforcement. When reported, data will not identify any specific individual.” 

Self-identifying may be the preferred method of providing the requested data, but what if an employee declines to participate?  

If an employee declines to voluntarily provide their race/ethnicity, employers must still report the employee according to one of the seven race/ethnicity categories (see below), using (in the following order):  

  • current employment records;  
  • other reliable records or information; or  
  • observer perception.  

Recognizing the risk of inaccurate race/ethnicity identification based on ‘observer perception’ alone, the CRD advises that this method only be used after making a good faith effort to obtain race/ethnicity information from the employee voluntarily or from other reliable records.  

If using the observer perception method, the CRD encourages employers to utilize the clarifying remarks field to indicate they have done so, stating for example: “The race/ethnicity of [number] employees in this employee grouping is being reported based on observer perception.” 

The seven race/ethnicity reporting categories are as follows: 

  1. Hispanic/Latino 
  2. Non-Hispanic/Latino White 
  3. Non-Hispanic/Latino Black or African American 
  4. Non-Hispanic/Latino Native Hawaiian or Other Pacific Islander 
  5. Non-Hispanic/Latino Asian 
  6. Non-Hispanic/Latino American Indian or Alaskan Native 
  7. Non-Hispanic/Latino Two or More Races 

These classifications have been adopted by the CRD from the EEOC’s method for race/ethnicity identification provided in its EEO-1 instruction booklet.  

NOTE: For the 2023 Labor Contractor Employee Reports, employers must report the race/ethnicity of labor contractor employees.  

Employers should visit the CRD’s Pay Data Reporting website for additional information, templates and training slides.  

New Voices of the Valley: Innovations in Cross-Border Health Care for Ag Workers

April 17th, 2024

Cross-border health care is growing in popularity as Mexico increasingly provides innovative, technologically advanced medical services at a cost-savings for employers. In fact, close to a million Americans cross the border every year to receive medical care in Mexico.

In this episode of Voices of the Valley, Raquel Lugo, Senior Director of Client Services and Mexico Operations at Western Growers Assurance Trust, joins Michelle Rivera, Communications Manager, to talk about cross-border health care and the role it plays in providing accessible, convenient and high-quality medical services for those who grow and harvest our food.

Listen to the full episode here.

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (Spanish) – Bakersfield

April 16th, 2024

During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.
Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

Details
Tuesday, June 18, 2024 3:00pm – 4:00pm
Kern County Farm Bureau
1800 30th Street, Suite 390, Bakersfield, CA 93301
1 hour
Spanish

Who should attend
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here. 

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (English) – Bakersfield

April 16th, 2024

During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.

Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

 

Details
Tuesday, June 18, 2024
11:00am – 12:00pm
Kern County Farm Bureau
1800 30th Street, Suite 390, Bakersfield, CA 93301
1 hour
English

 

Who should attend

All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here.

Register Now for Upcoming Western Growers University Courses

April 16th, 2024

Western Growers University’s latest in-person training sessions are rapidly approaching, but there’s still time to secure your spot with our experts. Registration is now available for the following courses scheduled for April, May and June, offered in both English and Spanish:

Preventing Discrimination and Harassment, Course for Supervisory Employees

Preventing Discrimination and Harassment, Course for Non-Supervisory Employees

Click here to view the course schedules and register.

Whether you’re a Western Growers member or non-member, we invite you to explore our tailored educational programs designed to elevate your career. To view the full 2024 Western Growers University course catalog, click here.

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (English) – Imperial

April 16th, 2024

During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.

Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

Details
Tuesday, May 21, 2024
11:00am – 12:00pm
Imperial County Farm Bureau
1000 Broadway, El Centro, CA 92243
1 hour
English

Who should attend
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here. 

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (English) – Oxnard

April 16th, 2024

During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.

Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

Details
Tuesday, May 7, 2024
1:00pm – 2:00pm
Courtyard by Marriott Oxnard Ventura
600 E Esplanade Dr, Oxnard, CA 93036
1 hour
English

Who should attend
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (Spanish) – Oxnard

April 16th, 2024

During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.

Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

Details
Wednesday, May 8, 2024
1:00pm – 2:00pm
Courtyard by Marriott Oxnard Ventura
600 E Esplanade Dr, Oxnard, CA 93036
1 hour
Spanish

Who should attend
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (Spanish) – Imperial

April 16th, 2024

During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.

Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

 

Details
Tuesday, May 21, 2024
3:00pm – 4:00pm
Imperial County Farm Bureau
1000 Broadway, El Centro, CA 92243
1 hour
Spanish

 

Who should attend

All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (Spanish) – Salinas

April 16th, 2024
During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.
Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

 

 

Details
Wednesday, April 24, 2024
1:00pm – 2:00pm
Salinas Chamber of Commerce
119 Alisal St, Salinas, CA 93901
1 hour
Spanish

 

Who should attend
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here.

 

Western Growers University: Preventing Discrimination and Harassment: Non-Supervisory Employees (English) – Salinas

April 16th, 2024
During this course, you will learn state law requirements regarding discrimination, harassment, and abusive conduct with a fresh approach. This course focuses on what matters most: knowing what to do if you experience or witness sexual harassment or other misconduct without fear of retaliation. This one-hour course is essential for developing awareness of acceptable and unacceptable workplace behavior. Learn how to recognize and respond to situations that can lead to sexual harassment or other misconduct — from the obvious to the subtle. Explore the most effective ways to foster a positive, respectful, and inclusive workplace.
Earn 1 SHRM re-certification credit upon attending. (This one-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1).

Details
Tuesday, April 23, 2024
1:00pm – 2:00pm
Salinas Chamber of Commerce
119 East Alisal St, Salinas, CA 93901
1 hour
English

Who should attend
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (English) – Bakersfield

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details
Tuesday, June 18, 2024
9:00am – 11:00am
Kern County Farm Bureau
1800 30th Street, Suite 390, Bakersfield, CA 93301
2 hours
English

Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (Spanish) – Bakersfield

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details
Tuesday, June 18, 2024
1:00pm – 3:00pm
Kern County Farm Bureau
1800 30th Street, Suite 390 Bakersfield, CA 93301
2 hours
Spanish

Who should attend

Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (Spanish) – Oxnard

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details
Wednesday, May 8, 2024
9:00am – 11:00am
Courtyard by Marriott Oxnard Ventura
600 E Esplanade Dr, Oxnard, CA 93036
2 hours
Spanish


Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (English) – Imperial

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details
Tuesday, May 21, 2024
9:00am – 11:00am
Imperial County Farm Bureau
1000 Broadway, El Centro, CA 92243
2 hours
English


Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (Spanish) – Imperial

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)


Details
Tuesday, May 21, 2024
1:00pm – 3:00pm
Imperial County Farm Bureau
1000 Broadway, El Centro, CA 92243
2 hours
Spanish


Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (English) – Salinas

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details

Tuesday, April 23, 2024
9:00am – 11:00am
Salinas Chamber of Commerce
119 East Alisal St, Salinas, CA 93901
2 hours
English

Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Western Growers University: Preventing Discrimination and Harassment: Supervisory Employees (English) – Oxnard

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details
Tuesday, May 7, 2024
9:00am – 11:00am
Courtyard by Marriott Oxnard Ventura
600 E Esplanade Dr, Oxnard, CA 93036
2 hours
English

Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing available. Register here.

Preventing Discrimination and Harassment: Supervisory Employees (Spanish) – Salinas

April 16th, 2024

Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)

Details

Wednesday, April 24, 2024
9:00am – 11:00am
Salinas Chamber of Commerce
119 Alisal St, Salinas, CA 93901
2 hours
Spanish

Who should attend
Managers and individuals who direct and influence the work of other employees.

Member pricing is available. Register here.

A Lesson in Arbitration

April 11th, 2024

The recent California case Vazquez v. Sanisure, Inc., provides an important lesson on one of the basic premises of arbitration; an arbitration agreement is tied to the underlying contract containing it and as such it can be revoked on the same grounds as exist for the revocation of any contract.

Initially hired by the company in 2019, employee Vazquez signed, as part of the hiring process, an agreement to “utilize binding arbitration as the sole and exclusive means to resolve all disputes that may arise from or be related in any way to [her] employment.” The agreement also included a class or collective action waiver and noted that any changes to the agreement could only be made in writing.

Vazquez terminated her employment in May 2021. Four months later she negotiated a new employment offer and returned to work. During negotiations the parties did not discuss whether Vazquez would be required to sign a new arbitration agreement or whether claims related to her employment would be subject to arbitration. Vazquez’s second stint of employment ended in July 2022.

In October of that year, Vazquez filed a class action suit alleging a failure to provide accurate wage statements during her second stint of employment. The employer requested Vazquez submit her claims to binding arbitration in accordance with the arbitration agreement she signed when initially hired in 2019. This attempt to compel the matter to arbitration was denied and a subsequent appeal was filed.

Ultimately, the Court of Appeal upheld the lower court’s denial finding that while an employer and employee can agree to arbitrate claims related to their employment relationship, termination of that relationship can revoke the arbitration agreement.

What Does It All Mean?

An arbitration agreement, absent language to the contrary, is applicable only to the current employment relationship. Under such circumstances, subsequent employment requires the parties to enter into a new arbitration agreement that will govern the renewed/subsequent employment relationship.

In other words, when there is no evidence that the parties agreed to arbitrate claims arising from a subsequent employment relationship, any claims arising solely from that subsequent relationship are likely not subject to arbitration.