[Updated to reflect the new EEOC EEO-1 deadline of August 23, 2021]

California employers must continue to be ever vigilant about their obligations as we enter into the summer.  Here are five key dates California employers must be aware of during June and July 2021:

1. Cal/OSHA revised COVID-19 Prevention Emergency Temporary Standards likely to take effect on June 15, 2021

Cal/OSHA is proposing revisions to the Emergency Temporary Standards (ETS) to reflect the increase in vaccinations (see our prior post here).  The revisions were scheduled to be voted on May 20, 2021, but given the CDC’s recent guidance permitting vaccinated individuals to not wear masks, the vote was delayed until June 3 in order to permit Cal/OSHA to further revise the regulations.  It is expected the revised ETS, if approved on June 3, will likely become effective on June 15, 2021.  Employers will need to review the revised ETS and ensure compliance by the likely June 15, 2021 deadline.  As discussed below, as California reopens on June 15, 2021, the ETS will still govern California employers, therefore it is important for employers understand the revisions made to the ETS.

2. California reopening on June 15, 2021

Beginning June 15, 2021, California will lift most of its restrictions for indoor and outdoor settings, with vaccine verification and negative testing will only be required for indoor mega events and recommended for outdoor mega events.  California employers will still need to comply with Cal/OSHA’s ETS discussed above.

3. CalSavers June 30, 2021 deadline for employers with more than 50 employees

California employers who do not offer an employer-sponsored retirement plan and have five or more employees must register for CalSavers, which is a California state administered retirement plan.  California employers must register for CalSavers by the following dates:

  • Employers with more than 100 employees: September 30, 2020
  • Employers with more than 50 employees: June 30, 2021
  • Employers with more 5 ore more employees: June 30, 2022

More information about CalSavers is here.

4. July 1, 2021 local minimum wage increases across California

Many local county and city minimum wage rates increase across California on July 1, 2021:

July 1, 2021 Local Minimum Wage Increases in California
Local Jurisdiction: Minimum Wage Rate: Source:
Berkeley $16.32/hour https://www.cityofberkeley.info/mwo/
Emeryville $17.13/hour https://www.ci.emeryville.ca.us/1024/Minimum-Wage-Ordinance
Fremont $15.25/hour for employers with 26 or more employees; $15.00/hour for employers with 1 to 25 employees https://www.fremont.gov/3328/Minimum-Wage#:~:text=On%20January%201%2C%202020%2C%20Small,wage%20increases%20for%20Small%20Employers
Los Angeles County (Unincorporated areas) $15.00/hour (for all sizes of employers) https://dcba.lacounty.gov/minimum-wage/
Los Angeles City $15.00/hour (for all sizes of employers) https://wagesla.lacity.org/
Malibu $15.00/hour (for all sizes of employers) https://www.malibucity.org/793/Minimum-Wage
Milpitas $15.65/hour https://www.ci.milpitas.ca.gov/milpitas/departments/minimum-wage/
Pasadena $15.00/hour (for all sizes of employers) https://www.cityofpasadena.net/planning/code-compliance/minimum-wage-ordinance/
San Francisco $16.32/hour https://sfgov.org/olse/minimum-wage-ordinance-mwo
Santa Monica $15.00/hour (for all sizes of employers) https://www.santamonica.gov/minimum-wage

5. New EEO-1 submission deadline is August 23, 2021 (previously set for July 19, 2021)

The EEOC announced that the 2021 and 2020 EEO-1 Component 1 data must be submitted by Monday, August 23, 2021 (it was previously set for July 19, 2021).  EEO-1 data must be submitted by employers with 100 or more employees, and certain employers who are federal contractors with 50 or more employees.  Employers must provide “demographic workforce data, including data by race/ethnicity, sex and job categories.”  Employers may begin uploading their data files as of May 26, 2021.

More information can be viewed at the EEOC’s website here: https://www.eeoc.gov/employers/eeo-1-data-collection