Section 320.5-1 - Annual and Monthly Reports for Current Employment Statistics with Respect to Activities, Products, Employment, Hours, Wages, Earnings, and Related Matters(a) Purpose. Under Section 320.5 of the code the director is authorized to prescribe by regulations the information required to be reported to the department by employing units and employers subject to the Unemployment Insurance Code, in order that the director may make monthly reports on employment, hours, and earnings, as required by the Secretary of Labor, on federal reporting forms "Monthly Report on Employment" (Form BLS 1932-M) and "Monthly Report on Hours and Earnings" (Form BLS 1963-M). This section sets forth the basic standards and requirements for the purpose of obtaining the information needed by the director to make monthly reports and other reports as required by the Secretary of Labor. (For annual reporting requirements of such employers, see Section 320.5-2 of these regulations.)(b) Definitions. For the purposes of this section and Section 320.5-2 of these regulations: (1) "Reporting employer" means any employing unit or employer described by subdivision (a) of this section or subunit of any such employing unit or employer selected by the director in a representative sample and to whom the director gives notice that monthly and annual reports are required on forms prescribed by the Secretary of Labor and supplied to the employer by the department.(2) "Establishment" means an economic unit, generally at a single physical location, where business is conducted, or where services or industrial operations are performed, or from which employees are dispatched, for example, a school, hospital, religious institution, office of a transportation company or a government agency, a farm, factory, mill, store, or mine, or a central administrative office or auxiliary unit at a separate location from the economic unit served, except that: If a reporting employer maintains separate payroll and inventory records for separately classifiable activities conducted at a single location, including auxiliary activities such as a central administrative office or auxiliary unit performing supporting services for other economic units of the same reporting employer but which is not an integral part of the economic units at the same location, such activity shall be deemed a separate establishment.
(3) "Pay period" means any period of not more than 31 consecutive days for which a payment of remuneration is ordinarily made to employees by the reporting employer, and includes as to a particular reporting employer every type of pay period in actual use by that reporting employer. EXAMPLE: Since pay periods may be for varying durations such as weekly, daily, semimonthly, or some other duration, a particular reporting employer may have two or more types of pay periods. Under the above regulation definition each reporting employer would include all types of pay periods he used which include the twelfth day of the month or the working day nearest thereto, such as daily, weekly, and semimonthly payrolls if in actual use.
(c) General Reporting Requirements. Every reporting employer shall report, not later than the seventh day following the close of the pay period which includes the twelfth day of a calendar month, to the department for all establishments of the reporting employer on a monthly report form for such calendar month supplied by the department the following: (1) The beginning and ending dates of the pay period which includes the twelfth day of the month.(2) For the entire pay period reported, the number of days (to the nearest one-half day) on which the majority of production and related workers performed work plus the number of holidays and vacation days during the pay period for which the majority of such workers were paid. If the pay period is longer than a week, the number of such reported days worked or paid for during the 7-consecutive-day period which includes the twelfth day of the month and which falls entirely within the pay period reported under paragraph (1) of this subdivision.(3) The total number of persons on the payroll or payrolls covered by the monthly report who worked full time or part time or received pay for any part of the pay period reported under paragraph (1) of this subdivision. The total number of persons so reported shall include salaried officers of corporations and executives and their staffs, but shall exclude proprietors, members of unincorporated firms, and unpaid family workers. The total number of persons so reported shall include persons on vacations and sick leave for which they received pay directly from the reporting employer for the pay period reported under paragraph (1) of this subdivision, but shall exclude persons on leave without pay from the reporting employer for the entire such pay period, and pensioners and members of the Armed Forces carried on the payroll of the reporting employer but not working during such pay period.(4) The number of women employees included in the total number of persons reported under paragraph (3) of this subdivision.(5) The number of workers, both full-time and art-time, on the payroll or payrolls of the reporting employer, whether paid by wages or by salary, who worked during or received pay for any part of the pay period reported under paragraph (1) of this subdivision, including persons on vacations or on sick leave if paid directly by the reporting employer.(6) The amount of pay earned during the pay period reported under paragraph (1) of this subdivision by the workers reported under paragraph (5) of this subdivision. The amount of pay so reported shall be the amount before deductions for old age insurance, disability insurance under the Unemployment Insurance Code, group insurance, withholding tax, bonds, and union dues, and shall include portal-to-portal pay, pay for overtime and for holidays, vacations, and sick leave, if paid directly by the reporting employer to employees for the pay period reported under paragraph (1) of this subdivision. The amount of pay so reported shall exclude bonuses, unless earned and paid regularly each pay period, or other pay not earned in the pay period reported such as retroactive pay, and the value of free rent, fuel, meals, or other payment in kind.(7) For workers reported under paragraph (5) of this subdivision, the sum of the following (without conversion of overtime or other premium paid hours to straight-time equivalent hours): (A) Man-hours worked, including overtime hours;(B) Hours for which portal-to-portal pay is received, hours paid for standby or reporting time; and(C) Equivalent man-hours for which employees received pay directly from the reporting employer for holidays, vacations, sick leave, or other leave paid.(8) The reporting employer's statement as to the main factors responsible for significant changes in employment, average hours worked, average hourly earnings, or other reported items, when compared with the monthly report by the reporting employer for the preceding month; for example, factors such as wage-rate increase, more business, strike, fire, overtime, or weather. If any general wage-rate changes, excluding individual changes for length of service, merit, or promotion, have occurred since the monthly report by the reporting employer for the preceding month, the reporting employer shall report the amount or percentage of the increase or decrease in wage-rate, the effective date of the change, and the approximate number of production and related workers affected.(9) Such other information as the director may require. The reporting forms provided by the director to the reporting employer may require additional information depending upon the type of reporting employer.(d) Confidentiality. Information reported by any reporting employer as required by this section and Section 320.5-2 of these regulations shall be published only in statistical form, except as provided by this subdivision. All information reported by any reporting employer as required by this section and Section 320.5-2 of these regulations and the identity of the reporting employer shall be held in strict confidence by the department and employment security agencies of other states. Such information or the identity of the reporting employer shall not be published or otherwise given to the public or any other governmental agency except employment security agencies of other states, by the department in any manner without the prior written permission of the reporting employer. No publication of statistical data shall be made which might reveal the identity of any reporting employer, without specific written permission of such reporting employer.(e) Extension of Time. The director for good cause may extend for not to exceed 10 days the time for submission by an employer of a monthly report required under this section.(f) Delinquent or Deficient Reports. If any reporting employer fails to submit to the department any annual or monthly report within the time required by Section 320.5-2 of these regulations, or if the department is not satisfied with any annual or monthly report submitted by a reporting employer under any of such sections, the department may by written notice demand that an annual or a monthly report be submitted or that the deficiency in an annual or a monthly report submitted shall be corrected by the reporting employer. The reporting employer shall, within 30 days after the date of the mailing of such written notice, submit the annual or monthly report or corrected annual or monthly report to the department.Cal. Code Regs. Tit. 22, § 320.5-1
1. New section filed 2-8-74; effective thirtieth day thereafter (Register 74, No. 6).
2. Amendment filed 9-3-81; effective thirtieth day thereafter (Register 81, No. 36). Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Section 320.5, Unemployment Insurance Code.
1. New section filed 2-8-74; effective thirtieth day thereafter (Register 74, No. 6).
2. Amendment filed 9-3-81; effective thirtieth day thereafter (Register 81, No. 36).