Although a petition for certiorari is currently pending before the United States Supreme Court, the 2021 decision by the Ninth Circuit upholding the CalSavers law has cleared the way for the State of California to enforce the statute, which was enacted 5 years ago. The State has just issued a press release warning large employers who have not yet registered with the State that they need to do so as soon as possible and putting smaller employers on alert that their deadline to comply is just around the corner. The deadline for employers with 100 or more employees was September 30, 2020, and the deadline for employers with 50 or more employees was June 30, 2021. The next deadline coming up, June 30, 2022, will be for employers with 5 or more employees. Failure to comply could result in penalties of up to $750 per employee for sustained non-compliance.
According to Katie Selenski, the executive director of CalSavers, compliance should not be considered difficult. “Our service representatives are standing by to assist you and the vast majority of employers find it easy to comply,” she stated in the press release. This release comes after dozens of emails and notifications by letter were already sent since the program’s authorizing legislation passed over five years ago.
A copy of the press release can be found here.