Can we have a new hire complete all their onboarding paperwork and trainings before their first day of work?

Employers may be tempted to ask new hires to complete onboarding activities, such as filling out paperwork and completing trainings, from home so that employees can begin working immediately when they arrive on their first day.

Best practice, however, is to have employees complete those activities as part of a new hire orientation process that takes place when the employee first reports to work — not before.

First, and most importantly, if employees are completing onboarding activities before their first day of work, they will need to be paid. This is because the time spent on those activities, at your direction as the employer, would be considered “hours worked” — and employees must be paid for all hours worked.

Your nonexempt employees will need to track all time spent performing the activities, and you must pay them for that time. Exempt employees will not need to track the time spent on the activities (because they are paid on a salary basis), but they still will need to be paid for their time, which is especially problematic given the general rule that if exempt employees perform any work in a work week, they must be paid for the entire work week.

Failing to track and properly pay employees for all time spent on these activities prior to their first day of work can create potential liability, including for unpaid wages and penalties. Waiting until employees report to work on their first day and are on the clock and being paid, is a best practice to eliminate that risk.

Second, the onboarding process is about more than just completing forms — it’s your chance to welcome the employee into the workplace and set the tone for their employment.

You can do so by creating a new hire orientation process that not only ensures that employees properly complete new hire paperwork and training, but also provides the opportunity for the company to review with the employee and explain the employee handbook and key workplace policies, such as your harassment prevention policy; provide necessary training, such as mandatory harassment prevention training; and answer any questions the employee may have about the company’s policies and practices.

Your new hire orientation process also should ensure that employees receive all legally required new hire forms and pamphlets.

Read more about New Employee Orientation in the HR Library.