The first day of a new job is the ideal point in the employment relationship to make sure new employees understand your policies and work rules, are informed of their legal rights and obligations, and receive the necessary training to do their jobs safely and efficiently.
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It’s important to plan in advance for the employee’s first day and make sure that you have all the necessary paperwork and a list of any training that’s required, including any industry specific training.
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Once you’ve made a new hire, you’re required to give your new employee several forms under both federal and California law. Use CalChamber’s New Hire Guide to obtain most of the forms and pamphlets you’ll need for your new hire. For instance, you’ll be required to have new employees complete a Form I-9 verifying their eligibility for work, along with many other forms.
In addition to the New Hire Guide, use the Hiring Checklist to ensure that you’ve completed all the legally required forms for your new employee.
In addition to legally required forms, you’ll want to give your new hire other forms, such as a list of your holidays, benefits information, an emergency contact information form and a property return agreement, where applicable.
The Employee Orientation Checklist serves as a starting point to assist you in ensuring that you cover all necessary topics and distribute all required forms.
You may also want to create and use forms to record initial employee training on matters such as:
For more information on training, see Training a New Hire..
Federal law requires all employers to report information on newly hired or rehired employees who work in California to the EDD’s New Employee Registry no later than 20 days after the start-of-work date. If you choose to report electronically, you must submit two monthly transmissions, not less than 12 days or more than 16 days apart.
The start-of-work date is the first day services were performed for wages. All employees must be reported regardless of age or projected wages, even those who work less than a full day, are part-time employees, are seasonal employees or discontinue their employment before the 20th day of employment. Employers must report the rehiring of any employee who previously worked for the employer, but who hasn’t been employed for at least 60 consecutive days.2
If you operate in multiple states, you can elect to electronically report all newly hired employees to one state in which you have employees. Multistate employers who choose to file to one state must notify the federal Department of Health and Human Services’ Office of Child Support Enforcement.
You must report all of the following employee information to the EDD:
Include the following information on your organization when you report employee information to the EDD:
You can use any of the following to report information to the EDD:
If you report using W-4 Forms, you must add the employee’s start-of-work date, your California employer account number and Federal Employment Identification Number to the form.
You can access Form DE 34 - New Employees Report from the EDD’s website.
You must file your reports online or by mail:
Employment Development Department
P.O. Box 997016, MIC 96
West Sacramento, CA 95799-7016
Fax: (916) 319-4400
Or call the EDD’s New Employee Registry and Independent Contractor Reporting at (916) 657-0529, or the Taxpayer Assistance Center at (888) 745-3886.
For information on reporting independent contractors to the EDD, see “Reporting Obligations and Independent Contractor” in Independent Contractor.
You must provide nonexempt employees with specific wage information at the time of hire.3 Employers may use the Labor Commissioner's model notice called “Wage and Employment Notice to Employees” that complies with the specific requirements, which include:
Temporary service employers must also include the name, main office’s physical address, mailing address if different from the main office’s physical address, and the telephone number of the legal entity for whom the employee will perform work, as well as any other information the Labor Commissioner deems material and necessary. Security service companies are exempt from this requirement.
Employers must also provide information regarding the existence of a federal or state disaster declaration issued within 30 days before employee's first day of employment and applicable to the county or counties in which the employee will be employed.
Additionally, if employers have H-2A agricultural employees, then, as part of the notice described above, employers must provide their H-2A employees with additional information regarding their rights and benefits under California law, including:
The above information must be provided to H-2A employees in Spanish in a separate and distinct section of the employee notice. The California Labor Commissioner created a template notice employers may use for this requirement.
In addition to providing notice at the time of hire, the employer must notify employees, in writing, of any changes to the information above, within seven calendar days after the time a change was made, unless:
More information and frequently asked questions about this requirement may be found on the Labor Commissioner’s website.
Employees not covered by the written statement requirement include those who are:
In addition to the Wage and Employment Notice to Employees, California requires written commission agreements for commissioned employees. See “Written Commission Agreements” in Commission.
1. Lab. Code sec. 1555
2. UI Code sec. 1088.5(b)
3. Lab. Code sec. 2810.5