If you hire employees in California, then it is time to ensure that you are providing your new employee with California’s mandated forms and pamphlets.
These forms are REQUIRED for each new hire:
- I-9 Employment Eligibility Verification. Employers must verify every new hire’s employment eligibility by completing a I-9 within three business days of employee’s first day of work.
- W-4 Employees Withholding Allowance Certificate. Each employee must complete the W-4 so that the employer can determine the correct income tax amount to withhold from an employee’s paycheck.
- New Employees Report-Form DE34. Within 20 days of starting work, employers are required to report each newly hired employee to the EDD.
- Wage and Employment Notice to Employees (Labor Code section 2810.5). The Wage Theft Prevention Act requires employers to provide hourly new hires with a notice upon hire that sets forth the employer’s legal name and address, the employee’s right of pay, and the employer’s paid sick leave policy.
- Permit to Employ and Work-Form B1-4. If the employer hires minors, the employer must have a Permit to Employ and Work on file for each employed minor.
In addition to the above requirements, California employers are REQUIRED to hand out the following pamphlets:
- California Sexual Harassment Pamphlet. A new employee must receive written information on his, her, its right to a harassment free workplace.
- California Workers’ Compensation Pamphlet. This pamphlet must be provided no later than the end of the first pay period. It informs employees of their rights and obligations regarding workers’ compensation.
- California State Disability Insurance Pamphlet (Form DE 2525). Employers must provide employees information regarding their rights to State Disability Insurance benefits at the time of hire and again when an employee takes a leave of absence for a reason that is covered under California’s disability insurance program.
- Paid Family Leave Pamphlet (Form DE 2511). Employers must provide employees information about their rights to Paid Family Leave benefits at the time of hire and again when an employee takes a leave of absence that is covered under California’s paid family leave program.
- California Rights of Victims of Domestic Violence, Sexual Assault and Stalking Pamphlet. All employers are required to give employees this pamphlet which describes protections for employees who are victims of domestic violence, sexual assault and stalking.
- General Notice of COBRA Continuation Rights. If the employer has 20 or more employees and offers a health plan, then this notice must be provided to employees within 90 days of the commencement of coverage or the first date at which the plan administrator is required to advise a qualified beneficiary of the right to elect coverage.
- New Health Insurance Marketplace Coverage Options and Your Health Care Coverage. Under the Affordable Care Act, employers covered by the Fair Labor Standards Act must provide a notice of coverage options to employees
Recommended Additional Documents
In addition to providing employees with the legally required forms and pamphlets, most employers will also provide new hires with an employee handbook that contains the employers written policies on prevention of discrimination, reasonable accommodations for disabled employees, timekeeping requirements, overtime, meal and rest periods, and leaves of absence. Finally, many employers require new hires to sign arbitration and confidentiality agreements.
After the employer receives any signed form or acknowledgement of receipt of the above forms, pamphlets, employee handbook, etc., employers must keep a copy of these documents in the employee’s personnel file. It is vital for each employer to have a process and checklist in place to ensure that every new hire receives his, her or its legally mandated forms and pamphlets.
If you want help establishing your company’s onboarding process and documentation, please contact Elizabeth Fritzinger for your labor and employment needs.