April 23rd, 2021
Required New Hire Documents For California Employers (Updated May 2020)
By Kevin Rivera on May 15th, 2020
State and federal law requires California employers to provide the following new hire documents to their employees at the time of hire:
- Use Form I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States. Federal law requires the employer and employee to complete Form I-9 by the third day of the employee’s work.
- Employees must complete Form W-4 at the time of hire so that the employer can withhold the correct federal income tax from the employee’s pay.
- The California Department of Industrial Relations (DIR) requires employers to provide new hires with its Time of Hire Pamphlet no later than the end of their first pay period.
- The Wage Theft Prevention Act requires employers to provide non-exempt (hourly) new hires with a notice upon hire that sets forth various items of required information, such as the employer’s legal name and address, the employee’s rate of pay, and the employer’s paid sick leave policy. The DIR has created a template, form DLSE-NTE, that employers may use, and which meets the law’s requirements.
- You must provide the California Department of Fair Employment and Housing’s (DFEH) Sexual Harassment pamphlet, DFEH-185, to all new employees at the time of hire.
- Employers must give the California Employment Development Department’s (EDD) Paid Family Leave Insurance pamphlet, DE 2511, to new employees at the time of hire.
- The EDD’s Disability Insurance Provisions pamphlet, DE 2515, must be provided to employees within five days of hire.
- The California Labor Commissioner’s notice on the Rights of Victims of Domestic Violence, Sexual Assault and Stalking, must be given at the time of hire.
- A policy on lactation accommodation that complies with SB 142 must also be given to employees at the time of hire. However, if you include the policy in your employee handbook that is given to new hires, there is no need to issue a separate document for this.
(The above list is current as of May, 2020.)
This list is a starting place, containing documents that are required by law. However, every employer is unique and the information provided to new employees will necessarily vary from employer to employer, and industry by industry.
Additional Recommended and Required Policies
In addition to the above required notices and pamphlets, employers should always provide written policies on the following topics:
- Prevention of discrimination, retaliation and harassment (required by law if you have 5 or more employees)
- Reasonable accommodation for employees with disabilities
- Timekeeping requirements
- Meal Breaks
- Rest Breaks
- FMLA/CFRA leave (required by law if you have 50 or more employees)
- New Parent leave (required by law if you have 20 or more employees)
- Pregnancy disability leave (required by law if you have 5 or more employees)
- Paid sick leave (required by law if you have any employees)
The above policies that are not designated as required by law are still highly recommended as they relate to the most common legal claims that employers face. Providing such policies is a powerful way to minimize the risk of getting hit with legal claims later on. The failure to have legally compliant policies may be used as evidence that you do not comply with the law.
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